Direction to defendant
KANDE VENKATESH GUPTA
(Querist) 12 August 2008
This query is : Resolved
In a suit for grant of perpetual injunction against the defendant restraining from interfering with the possession, while dismissing the temporary injunction, having come to the conclusion that the petitioner/plaintiff failed to prove his possession and the respondent/defendant had established his possession and had been making construction in the SSP by obtaining valid permission from the competent authority, Whether the court can direct the respondent/defendant to give an undertaking to demolish the structures raised by him, if at ultimate trial the plaintiff proves his case?
Jithendra.H.J
(Expert) 12 August 2008
prayer coloumn in the memorandum of plaint has to be amended! seek mandatory injunction along with earlier perpetual injunction
GOPI KRISHNA
(Expert) 12 August 2008
yes court can direct the respondent/defendant to give an undertaking to demolish the structures raised by him. You may prefer an appeal/writ against the lower court order and urge this point in appeal/writ
