controversy involved in the Interim Injunction
application is about grant of ad-interim injunction to seek
enforcement of negative covenant. The prayer in the Interim ... cannot be a reason for seeking ad-interim injunction or interim
injunction for enforcement of negative covenant. In view of the
peculiar facts of this
mandatory injunction is, of course,
entirely discretionary and unlike a negative injunction
can never be 'as of course'. Every case must depend
essentially ... 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
interpretation are given in the form of maxims (nyayas).
The negative injunction is illustrated by the Kalanjanyaya
or Kalanja maxim. The Kalanja maxim
(nakalanjambhakshayet) states ... point of view because it indicates the mandatory nature of
the negative injunction (nishedha).
19. The explanation of a Nishedha Vidhi appears more
clearly from
interpretation are given in the form of maxims (nyayas).
The negative injunction is illustrated by the Kalanjanyaya
or Kalanja maxim. The Kalanja maxim
(nakalanjambhakshayet) states ... point of view because it indicates the mandatory nature of
the negative injunction (nishedha).
19. The explanation of a Nishedha Vidhi appears more
clearly from
I.Kezhson vs The Director Of Town Panchayat on 26 August, 2025
Author: C.Saravanan
Date:25.06.2025
19:12:28
pay and cannot oppose an injunction enforcing a valid negative covenant to
protect the Respondent's interests ... doubt that the courts have a
wide discretion to enforce by injunction a negative covenant. Both the
courts below have concurrently found that the apprehension
however, not bound to grant an injunction in every case and
an injunction to enforce a negative covenant would be refused if it
would indirectly ... plaintiff.
26. The plaintiff has filed the suit for mandatory injunction, perpetual
injunction and damages against the defendant. The plaintiff has filed
the suit
decree for
injunction to act as a cross decree to negate the
injunction passed by a competent court in
another litigation, which has attained finality ... declaration and consequential injunction,
would act as a cross decree to negate the injunction
passed by the competent court. It is settled that a decree
strictly complied with. He submits, Rule 4 begins
with a negative injunction to the effect that 'no pleader
shall act for any person
plaintiff's property, has erred in denying the relief of
mandatory injunction and possession. According to the
appellant, the finding of encroachment by the
Commissioner ... 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
