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
granting mandatory reliefs under prayers B and C of the Section
17 application, as they effectively direct payment of money.
Mandatory injunctions are granted only ... grant of mandatory injunction. The relevant portion reads
as under:
―16. The relief of interlocutory mandatory injunctions
are thus granted generally to preserve or restore
Coomi Sorab
Warden1 wherein it has been held that interim mandatory injunctions
are to be granted only in exceptional circumstances to restore the
status ... examined in light of
the principles governing the grant of interim mandatory injunctions,
the statutory scheme under the PWDV Act , and the paramount
consideration
protect and preserve the subject matter of the arbitration,
including issuing mandatory injunctions. The court must
adopt a course, which is least likely to result ... which reads thus: (SCC p. 218,
paras 25 and 26)
„948. Mandatory injunctions on interlocutory
applications.--A mandatory injunction can be granted
on an interlocutory
concerned, it is already settled that the Court can pass
mandatory injunctions in cases where the circumstances so warrant. As
regards to the second aspect ... confers power upon the Court to grant mandatory
injunctions, such discretion may be exercised only in the presence of
exceptional circumstances, and must be governed
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
Part-III, New Delhi. ..... Defendant.
SUIT FOR POSSESSION, PERMANENT PROHIBITORY AND
MANDATORY INJUNCTIONS, DAMAGES AND MESNE
PROFITS.
Date of Institution : 28.01.2011
Date on which arguments ... COUNTER CLAIM FOR DECLARATION, CANCELLATION AND
MANDATORY INJUNCTIONS.
Date of Institution : 27.04.2011
Date on which arguments concluded : 03.03.2025
Date of Judgment : 29.03.2025
Result : Partly Decreed
Part-III, New Delhi. ..... Defendant.
SUIT FOR POSSESSION, PERMANENT PROHIBITORY AND
MANDATORY INJUNCTIONS, DAMAGES AND MESNE
PROFITS.
Date of Institution : 28.01.2011
Date on which arguments ... COUNTER CLAIM FOR DECLARATION, CANCELLATION AND
MANDATORY INJUNCTIONS.
Date of Institution : 27.04.2011
Date on which arguments concluded : 03.03.2025
Date of Judgment : 29.03.2025
Result : Partly Decreed
GARG 2025.02.21
15:17:04
+0530
SUIT FOR POSSESSION, PERMANENT AND MANDATORY
INJUNCTIONS, AND RECOVERY OF DAMAGES.
JUDGMENT
1. This judgment addresses the present suit ... filed for possession,
permanent and mandatory injunctions, and recovery of
damages.
CASE OF THE PLAINTIFFS AS PER PLAINT :-
Briefly, the essential facts and averments required
Sarita Vihar, Delhi Mathura Road,
New Delhi-110076. ......Defendants
SUIT FOR MANDATORY INJUNCTIONS AND DAMAGES
THIS IS ONE OF THE OLDEST CASES PENDING IN THIS ... Vide this judgment, this Court shall decide the present suit
for Mandatory Injunctions and recovery of Damages to the
tune
