reason why Clause (5) should be limited to mandatory injunctions".
The other Judge who was a party to the order --Beachcroft, J.--contented himself ... Rule 32(5} applies to prohibitory as well as to mandatory injunctions".
11. In Hem Chandra v. Narendra Nath , AIR 11934 Cal 402, Mukherji
required to be done" covers prohibitory as well as
mandatory injunctions." Dealing with the said provision the learned Single
Judge in the decision ... practicable extent in the same way as decrees for
mandatory injunctions." It was held that "the introduction of the explanation
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
submitted that the Rule
applies to decree for prohibitory and mandatory injunctions. The
learned counsel submitted that the explanation to Order XXI Rule 32
makes ... required to be done"
covers prohibitory as well as mandatory injunctions."
11. The explanation to sub-rule (5) makes it clear that
Code. There is no dispute on that aspect. That orders of mandatory injunction are envisaged in Order 39 is no more in doubt now since ... adopted the opposite view and held that mandatory injunctions can be granted on interlocutory applications filed under Order 39 of the Code. The said view
decisions the court observed as follows:
"The relief of interlocutory mandatory injunctions are thus granted generally to preserve or restore the status
required to be done"
covers prohibitory as well as mandatory injunctions."
There was divergence of opinion among the High Courts as to whether ... Courts took the view that as in the case of
decree for mandatory injunction, sub-rule (5) of Rule 32 of
Order
practicable extent in the same way as decrees for mandatory injunctions. In other words, the decision in Joseph alias Kochu (supra ... court is able to enforce obedience not only of decrees for mandatory injunctions, but also decrees for prohibitory injunctions.
8. The problem now before
Whether the plaintiff is entitled for the mandatory injunctions
prayed for against the defendants 1 to 3 for making the
entries in the Wakf Register
suit in which a mandatory
injunction is also sought against the defendant is the submission of
the learned counsel. Mandatory injunctions are granted to prevent ... capable of
enforcing. Needless to point out, the principles underlying mandatory
injunctions are the same as those underlying perpetual injunctions. Is
there breach
