- The ad - interim mandatory injunction is to be granted not at the asking but on strong circumstances so that to protect the rights and interest of the parties so as not to frustrate their rights regarding Mandatory Injunction.
- The court would grant such an Interim Mandatory Injunction Relief only if it is satisfied that withholding of it would prick the conscience of the Court and do violence to the sense of Justice , resulting in injustice being perpetuated throughout the hearing , and at the end the Court would not be able to vindicate the cause of Justice.
- The Court would grant interim mandatory injunction if situations emerge where the granting of an interim relief would tantamount to granting the final relief.
- The court would grant interim mandatory injunction if compelling circumstances where the injury complained of is immediate and pressing and would cause extreme hard - ship.
- Technicalities or technical objections to frustrate the mandatory temporary injunction which has attained finality cannot be permitted to thwart the Course of Justice.
====== Relevant Provision = = = = = = = = =
- Order 39 Rule 1 / 2 of Civil Procedure Code 1908.
....... Relevant Judgement ........ . . . . . . . . . . . . . .
- Hammad Ahmed v/s Abdul Majeed & Ors 2019 SAR 599.
- Suresh D.Naik v/s Mangesh R.Wagle 2000(4) Mh.L.J.157 = 2000(1) ALL.M.R.176.
- Baban Narayan Landge v/s Mahadu Bhikaji 1989 Mh.L.J.146.
- Mumbai Municipal Corporation v/s Sushilaben I. Patel 2002(5) Mh.L.J.246 (Bom).
...... please peruse/read Previous Blog & give suggestion , comment for better development of next Blog...........
No comments:
Post a Comment