The Golden Valley Educational Trust vs The Vokkaligara Sangha on 25 September, 2013
Author: N
agreement, whereas it was essentially a suit for
perpetual injunction seeking enforcement of the negative covenants
contained in the agreement in Clauses ... facts of this case, in the suit prayer for
injunction based on negative covenants could not be asked for unless it
was first established that
agreement, whereas it was essentially a suit for perpetual injunction seeking enforcement of the negative covenants contained in the agreement in Clauses ... facts of this case, in the suit prayer for injunction based on negative covenants could not be asked for unless it was first established that
plaintiff's claim in part. He granted him a negative injunction restraining the defendant from interfering with his enjoyment of light and air through
under:-
OMP 25/2010 Page 5 of 14
42. Injunction to perform negative agreement.--
Notwithstanding anything contained in clause (e) of
section 41, where ... affirmative agreement shall not preclude it from
granting an injunction to perform the negative
agreement:
Provided that the plaintiff has not failed to perform
against Allahwala asking him to remove the stone blocks and the negative injunction restraining him. from creating the obstruction will bind the heirs of Allahwala
been completed, and then asks for a
mandatory Injunction, such an Injunction will
not in general be granted. ( Ulagappan
Ambalam v. Chidambaram Chetty ... mandatory Injunction could
be summarized as under:-
The grant of a mandatory Injunction is,
of course, entirely discretionary and unlike a
negative Injunction can never
been completed, and then asks for a
mandatory Injunction, such an Injunction will
not in general be granted. ( Ulagappan
Ambalam v. Chidambaram Chetty ... mandatory Injunction could
be summarized as under:-
The grant of a mandatory Injunction is,
of course, entirely discretionary and unlike a
negative Injunction can never
been completed, and then asks for a
mandatory Injunction, such an Injunction will
not in general be granted. ( Ulagappan
Ambalam v. Chidambaram Chetty ... mandatory Injunction could
be summarized as under:-
The grant of a mandatory Injunction is,
of course, entirely discretionary and unlike a
negative Injunction can never
been completed, and then asks for a
mandatory Injunction, such an Injunction will
not in general be granted. ( Ulagappan
Ambalam v. Chidambaram Chetty ... mandatory Injunction could
be summarized as under:-
The grant of a mandatory Injunction is,
of course, entirely discretionary and unlike a
negative Injunction can never