SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(Del) 1094

MADAN B.LOKUR
YOGENDER PAL BHATIA – Appellant
Versus
RAJESH, SONU, AJAY SAINI, VINOD SAINI – Respondent


MADAN B. LOKUR, J.

( 1 ) THE Petitioner had filed a suit, being Suit no. 78/2000 (new number), for a mandatory injunction directing the Respondents to carry out necessary repairs in a portion of the tenanted premises. It was also prayed that a decree of damages for Rs. 2 lakhs, with interest be passed against the Respondents.

( 2 ) THE Petitioner filed an interim application for directions to the Respondents to carry out necessary repairs during the pendency of the suit. By an order dated 30th October, 1998 the application was dismissed by the learned Additional District Judge.

( 3 ) FEELING aggrieved, the Petitioner filed FAO no. 29/1999 in this Court and by an order dated 27th July, 2000, it was held that the Trial Court had not committed any illegality or impropriety in declining grant of interim relief to the Petitioner. It was further held that if repairs were carried out, particularly plugging a hole in the roof, during the pendency of the suit, the grant of interim relief would amount to granting the entire relief of a mandatory injunction prayed for by the petitioner.

( 4 ) AGAINST the order of the learned Single Judge, the Petitioner preferred an SLP in the Supreme Court.






















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top