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1988 Supreme(Bom) 340

V.A.MOHTA
Baban Narayan Landge – Appellant
Versus
Mahadu Bhikaji Tonchar & others – Respondent


JUDGMENT - V.A. MOHTA, J.:---Has a Civil Court jurisdiction to issue at an interlocutory stage a mandatory injunction as so to restore the status quo anterior to the date of institution of a suit, is a point that falls for determinat on in this civil revision application.

2. In my view, answer to this question has to be recorded in the affirmative: Here are my reasons. The subject of temporary injunction is mainly covered by Order 39, Rules 1 and 2, Code of Civil Procedure. In cases not covered by those provisions, an appropriate temporary injunction can be granted also in exercise of inherrent power of a Court under section 151, Code of Civil Procedure. After all Order 39, Rules 1 and 2 are not exhaustive of the circumstances under which interim injunction can be granted. The controversy on that aspect of the matter is set at rest by a majority decision of the Supreme Court in the leading case of (Manoharlal v. Seth Hiralal)1, A.I.R. 1962 S.C. 527. But that apart the language employed in those two rules is clearly wide enough to include an order in the form of a mandatory injunction and admits of no exception with reference to a point of time to which it can be made. Injunctions ar


















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