reliefs sought
- Relief No. 1: Permanent Injunction
(Prohibitory) ......................................57
- Relied No. 2: Mandatory Injunction ..........58
c. RERA's remedial powers - statutory provisions
- Section ... Application to the present suit ........................71
c. The Injunction Bar -- Second Limb of
Section 79 ...............................................72
d. The Principle of Express Ouster
Generic Web Trade Ltd. And Anr vs India Web Trade Llc And Anr on 7
good defence even to the grant of a permanent
injunction because the defendant may legitimately contend
that the encouragement of the plaintiff to the defendant ... delay and laches is not a ground for refusal to grant injunction.
Secondly acquiescence is not similar to delay and laches. Thirdly, it
the possessor
relief of mandatory
injunction is in the nature of perpetual injunction only. In the Second
Suit, the plaintiff has claimed the relief permanent injunction ... Therefore, even
with respect to the relief of declaration and mandatory injunction, the
Second Suit is barred under the DLR Act and The Delhi Land
other bids;
39. Following order dated 29.05.2007 the
respondent/plaintiff filed second interim injunction
application under Order XXXIX Rule 1 & 2 read with
Section ... Contd.....
- 29 -
been impugned by the appellant/defendant/MCD.
41. The second interim injunction application
has been allowed granting the following relief
where the
party is guilty of delay, latches or acquiescence.
36.Secondly, injunction is an equitable relief and as such it
requires that party seeking
Date Of Judgment : 27.03.2026
FIRST SUIT FOR DECLARATION, PARTITION AND
PERMANENT INJUNCTION.
&
SECOND SUIT FOR POSSESSION MESNE PROFITS
/DAMAGES.
&
APPLICATION ON BEHALF
Date Of Judgment : 27.03.2026
FIRST SUIT FOR DECLARATION, PARTITION AND
PERMANENT INJUNCTION.
&
SECOND SUIT FOR POSSESSION MESNE PROFITS
/DAMAGES.
&
APPLICATION ON BEHALF
Date Of Judgment : 27.03.2026
FIRST SUIT FOR DECLARATION, PARTITION AND
PERMANENT INJUNCTION.
&
SECOND SUIT FOR POSSESSION MESNE PROFITS
/DAMAGES.
&
APPLICATION ON BEHALF
recovery of Rs. 1,40,000/ and mandatory
injunction. Second civil suit (present) is for recovery of
RCA No.19/14 Hariom Sharma Vs. Sadaram
