scrutiny in applying these parameters for ‘prohibitory’ and
‘mandatory’ injunctions. Prohibitory injunctions vary from
mandatory injunctions in terms of the nature of relief that ... that they seek to restrict a future course of action.
Conversely, mandatory injunctions are backward-looking, because
they require the defendant to take an active
required to be done" covers prohibitory as
well as mandatory injunctions. After the
incorporation of the explanation, there cannot be
any doubt that Order ... required to be
done" cover prohibitory (as well as mandatory)
injunctions. This would also be in conformity
with section 3(2) , General Clauses
Supreme Court held that "The relief of
interlocutory mandatory injunctions are thus granted generally
to preserve or restore the status quo of the last ... sides.
Mandatory Injunction And The Requirement of Law:-
8. One of the most relied on and unequivocal authority on temporary or
interlocutory mandatory injunctions
consumption charges.
Hence, the respondent filed the suit seeking directions and mandatory
injunctions against the petitioners.
4.i) The petitioners/defendants filed their written statement ... Trial Court decreed the suit
partly by granting the relief of mandatory injunctions regarding pet animals
and parking of the car and jeep and dismissed
maintainable. It is further contended that the
plaintiff cannot seek for mandatory injunctive relief against this
defendant after demolition of the structure by the BBMP ... court fee paid is
insufficient?
4) Whether plaintiff is entitled for mandatory
injunctions as prayed for?
5) What order/decree ?
5. To substantiate his claim
respondent)
Findings:
The Claimant has sought the reliefs of mandatory injunctions
directing (i) the Respondent to transfer the shop in his favour ... Claimant is entitled to seek both these reliefs of
mandatory injunctions against the Respondent. The issue is accordingly
decided in favour of the Claimant
Whether the plaintiff is entitled to the decree of both the
mandatory injunctions, as prayed for? OPP.
(vi) Relief.
16. Pursuant to framing of issues ... Whether the plaintiff is entitled to the decree of both the
mandatory injunctions, as prayed for? OPP.
Additional Issue:
(vi) Whether the plaintiff is entitled
contained in Chapter VIII of said Act, which
deals with the mandatory injunctions, reads as under:
"39. Mandatory injunctions -When, to prevent the
breach ... opinion of the Court, the plaintiff is not
entitled to the mandatory injunctions as sought for as the
first relief is time barred
prevent
a multiplicity of judicial proceedings."
[Emphasis Supplied]
"39. Mandatory injunctions - When, to prevent
the breach of an obligation, it is necessary ... with clean hands.
The law on the grant of permanent and mandatory
injunctions is well settled that, in order to get the equitable
relief
resolution
was reached, he approached the Court seeking permanent
and mandatory injunctions against the defendants. The
CS SCJ 284/22 APJIT SINGH AHLUWALIA VS. GOPAL ... right to
passage and parking. The plaintiff has sought permanent
and mandatory injunctions for the removal of the
obstruction and restoration of his access