suit for mandatory injunction

The mandatory injunction sought was to remove the construction alleged to be illegally made by the respondent No.3 and to restore the suit property to its original position. 5. An injunction may be issued for and against individuals, public bodies or even State. If a person fails to comply with an injunction order this may constitute a contempt of court. Suit valuation.

It was sought to be […] The mandatory injunction sought was to remove the construction alleged to be illegally made by the respondent No.3 and to restore the suit property to its original position. injunction.

Introduction.

Amendment: The suit for mandatory injunction is filed and the specific performance was sought for by way of an amendment. The cause of action is required to be stated initially in the plaint but it was not pleaded. Create order. A suit for injunction is a very common and effective remedy against any mischief played by a third-party. Mandatory injunction. Created with Sketch. Suit for Permanent Prohibitory Injunction and Mandatory Injunction restraining the defendant from raising any construction over the suit land comprising in Khata Khatauni No.

He submitted that in absence of there being any prayer for possession, the trial Court erred in holding that the suit was, in fact, one for possession. An injunction is an order of the court requiring a party to do something (a mandatory injunction) or to stop doing something (a prohibitory injunction).

Demystifying Injunctions. The order dated 4-9-1989 thus is an obstacle in the way of the plaintiff in claiming mandatory injunction for its removal in as much as unless the said order is set aside, no … injunction. That the cause of action for this suit arose on 1.12.1994 when the plaintiff came to know of the unauthorised construction at Bheemunipatna within the jurisdiction of this court. Section 39 of the Specific Relief Act, 1963 Provides that: 1. The court is generally more reluctant to grant a mandatory injunction than a prohibitory injunction and will normally only grant one if: the applicant will suffer serious harm if the injunction is not granted; A mandatory injunction requires a party to do something (eg, deliver up goods or make available documents). It is an extraordinary remedial process which is granted not as a matter of right, but in the exercise of sound judicial discretion. He submitted that in absence of there being any prayer for possession, the trial Court erred in holding that the suit was, in fact, one for possession. [after narrating facts, not material to the report, his lordship proceeded.] i. Mandatory injunction is not to be granted: (a) Where compensation in terms of money would be an adequate relief to the plaintiff; (b) Where balance of convenience is in favour of the defendant; (c) Where plaintiff has shown acquiescence in the acts of the defendant; and, (d) To create a new state of things, but rather to restore status quo.

The relief sought is a decree for mandatory injunction for removing the said wall. Mandatory injunction is an injunction which orders a party or requires them to do an affirmative act or mandates a specified course of conduct. The Court may in its discretion, award damages. It is a form of equitable relief and provides the applicant with a remedy where a grievance cannot be met by the common law remedy of damages. All the civil courts are empowered to issue injunctions.

This article is written by Rishabh Pandey from Guru Gobind Singh Indraprastha University, New Delhi. [ Morrison v Work, 266 US 481, 45 S Ct 149, 69 L Ed 394]. An injunction is an order of court requiring a person to refrain from doing (prohibitory injunction), or to do, a particular act (mandatory injunction).

_____, Khasara No. Reported in : (1978)80BOMLR6591.

The plaintiff, therefore, prays. Our writers will create an original "An Analysis of Mandatory Injunctions" essay for you. 6. Under section 40, the plaintiff in a suit for perpetual or mandatory injunction can also claim damages either in addition to, or in substitution of, such injunction.

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