mandatory injunction
barun deka
(Querist) 06 December 2009
This query is : Resolved
plaintiffs are claiming a portion of the defendant's land to be a path and that the latter has recently raised a wall to obstruct the path. however the defendants plead that there is no path and the wall has been there since long. now can the court pass an order of interlocutory mandatory injunction to break the wall when the title suit is still pending?
joyce
(Expert) 06 December 2009
Subject- matter as to Mandatory, will be decided at the time of disposal of the case, as it will be the main relief and basic foundation of case. Introlocatory application are meant for only temporary inj. So inbetween the stage of case, no final decsion is given as to mandatory.
Arvind Singh Chauhan
(Expert) 06 December 2009
I agree with joyace. You should collect the evidence that there is no path in land records and maps of concerned authority.
N.K.Assumi
(Expert) 06 December 2009
I agree with joyce.
Raj Kumar Makkad
(Expert) 06 December 2009
Wait till the decision of the suit being a mandatory injunction. otherwise also, the wall is existing at the site before filing of the suit so there is no occasion for temporary injunction even seeking restrainment.
Kiran Kumar
(Expert) 06 December 2009
Madam Joyce has advised correctly....u can not ask for temporary/ interlocutory mandatory injunction....at the most you can ask for temporary injuntion restrating the defendant from futher altering the property till the pendency of the suit.
when u ll prove ur case only then mandatory injunction can be granted.
niranjan
(Expert) 06 December 2009
Interim Mandatory injunction which gives final relief of the suit cannot be given except in very exceptional circumstances.
Anish goyal
(Expert) 06 December 2009
Supreme court in Dorab kawasji vs. Coomi sorab 1990 has held that "(1) The courts can grant interlocutory
mandatory injunction in certain
special circumstances. [340E] (2) The relief of
interlocutory mandatory
injunction is granted generally to preserve or
restore the status quo of the
last non- contested status which preceded the
pending controversy until the
final hearing when full relief may be granted. But
since the granting or non-
granting of such an injunction may cause great
injustice or irreparable harm to
one of the parties, the Courts have evolved
certain guide- lines which are (1) The
plain- tiff has a strong
case for trial. That is, it shall be of a higher
standard than a prima facie
case that is normally required for a prohibitory
injunction; (2) It is necessary
to prevent irreparable or serious injury which
normally cannot be compensated in
terms of money; (3) The balance of convenience
is in favour of the one seeking
such relief."
i don't think with above facts interim mandatory injunction can be granted.
