guideline approved for mandatory injunctions in Locabail
[(1986) 1 All ER 901, 906: (1986) 1 WLR 657, 664]
recognises that there may be cases ... sufficient."
On the test to be applied in granting mandatory
injunctions on interlocutory applications in Halsbury's
Laws of England
guideline approved for mandatory injunctions in Locabail
[(1986) 1 All ER 901, 906: (1986) 1 WLR 657, 664]
recognises that there may be cases ... sufficient."
On the test to be applied in granting mandatory
injunctions on interlocutory applications in Halsbury's
Laws of England
that the said provision shall cover both
prohibitory as well as mandatory injunctions. The question that
arises for consideration before this Court is whether ... required to be done which covers
prohibitory as well as mandatory injunctions.
To my mind, the Act required to be done which is also mentioned
Specific Relief Act, 1963 which reads as under:
"39. Mandatory injunctions.--
When, to prevent the breach of an obligation, it is necessary
to compel ... follows : (SCC pp. 126-27)
"16. The relief of interlocutory mandatory injunctions
are thus granted generally to preserve or restore the
status
suit For permanent and
2 O.S.No.6456/2010
mandatory injunctions
Date of the commencement 15.12.2016
of recording of evidence
Date on which ... plaintiffs against the defendant for
the relief of permanent and mandatory injunctions.
2. The brief facts leading to the plaintiffs' case are
summarized
suit 07.12.2018
Nature of the suit For permanent and
mandatory injunctions
Date of the commencement 03.02.2020
of recording of evidence
Date on which the judgment ... plaintiff against the defendants for
the relief of permanent and mandatory injunctions.
2. The brief facts of the case of the plaintiff are
summarized
defendant.
JUDGMENT: -
1. This is a suit for permanent and mandatory injunctions
and recovery of Rs. 9,23,700/- along with interest and cost ... notice as illegal in the guise of permanent and
mandatory injunctions and hence the suit was not maintainable.
He did not give notice
LAKH SIXTY SEVEN THOUSAND FOUR
HUNDRED ONLY) AND PERMANENT AND
MANDATORY INJUNCTIONS
Date of Filing : 23.06.2021.
Date of Judgment : 12.07.2023.
Decision : Ex-parte Decreed.
JUDGMENT ... also stated that only reliefs of the permanent
injunction and mandatory injunctions along with urgent
interim reliefs through interim applications, are being sought
against
Page No. 2 of 37
PERMANENT AND MANDATORY INJUNCTIONS AND
DAMAGES/ MESNE PROFITS.
JUDGMENT
1 The facts in brief, necessary for the disposal ... suit for
Declaration, Partition, Possession, Cancellation of the documents,
Permanent & Mandatory Injunctions filed by the plaintiff as
disclosed in the plaint, are that
under:—
“….The principal dilemma about the grant of interlocutory
injunctions, whether prohibitory or mandatory, is that there
is by definition a risk that the court ... observed as under:—
“16. The relief of interlocutory mandatory injunctions are
thus granted generally to preserve or restore the status quo
of the last
