An ex parte mandatory injunction should only be granted in cases where there is imminent danger to the property or where such a relief is necessary to prevent irreparable injury to the suitor.

( 1 ) THIS miscellaneous appeal is directed against an order of the III Additional Chief Judge, City Civil Court. Hyderabad, in I. A. No. 17/71 in O. l P. No. 164/71 granting an ex parte ad interim injunction as prayed for by the plaintiffs, respondents I to 7. The relevant facts leading to the filing of this miscellaneous appeal are these:--------- Respondents 1 to 7 filed a petition, O. P. 164/71 for permission to sue the appellant, the Special Officer of the Municipal Corporation of Hyderabad, in forma paupers for recovery of possession of Acs. 5-35 juntas and menses profits of Rs. 85,668 and alternatively for damages of Rs. 20,41, 754. 00 towards land compensation. " Along with this petition they filed an application. I. A. 17/71 under Sections 151 and 94 read with O. 39, R. 1, Civil P. C. and section 37 of the Specific Relief Act seeking a temporary injunction directing the respondent (appellant) and his agent to deposit a sum of Rupees 7,56,619/- said to be the amount admitted by the Corporation as being due to the plaintiffs, pending disposal of the suit. The leaned Judge without notice to the appellant made an ad interim injunction directing the appellant to deposit a sum of Rs. 7,56,619. 00 immediately on receipt of the order, into court. It is the case of the appellant that whenever agreed to pay Rs. 7. 56,619. 00 to the plaintiff and that the application of the plaintiffs does not at all disclose circumstances for direct the appellant to deposit the said sum into court even before the respondents Nos. 1 to 7 were permitted to sue in forma pauperis. The facts stated in the main O. P. and the application of respondents 1 to 7 are to the effect that the defendant the suit land in 1964 without initiating proceedings under the Land Acquisition Act and that the corporation has already constructed several multi-storeyed buildings and some ;more are under construction and that the Government suggested to the Corporation to pay compensation to respondents 1 to 7 at Rs. 18. 00 per Sq. yd. together with interest at 4 per cent. thereon and the usual solatium of 15 per cent. , which total up to Rs. 7,56,619. 00 and that notwithstanding the recommendation made by the Government the appellant had not chosen to pay the amount to respondents 1 to 7 and therefore they had no option but to file a suit in the lower court asking for the relief of possession and in the alternative compensation as stated above. Another ground urged in the petition is that the appellant in collusion with some others is evading payment of the amount and utilising the sum payable to respondents 1 to 7 for some projects and that if an injunction is not is not granted in their favour, it might result in total loss to them in view of the unsound financial position of the Corporation. It s their case that the appellant is trying to transfer or spend the amount deliberate intention of defeating the rights of respondents 1 to 7. In short their case is that it would result in irreparable loss and great hardship if a temporary injunction is not granted as prayed for by them. The learned Judge without notice to the appellant made the following order:"heard, Prima facie this is a case for the petitioner whose rights appear to have been recognised by the respondent; only dispute appears to be in the fixation of rate which the respondent had to do with negotiation. It is represented that negotiations have broken down as the respondent stipulates to pay at the rate of Rs. 18. 00 to which the petitioners claim as low. Their claim is Rs. 50. 00 per Sq. Yard. The matter of valuation has to be agitated in the regular suit. Under the circumstances when the petitioner apprehends that injury will be causes if the amount is allowed to remain with the respondent subject to the decision of the court in O. P. 164/71, the interests of justice in my opinion also requires that a mandatory injunction be issued to the respondent to send the amount of Rupees 7,56,619/- ass