Back
T.V.ANILKUMAR
Anilkumar – Appellant
Versus
K. Rajendran – Respondent
Key Points: - The court held that the power to restore the state of affairs to a position antecedent to the suit by interim mandatory injunction cannot be exercised in a suit for a decree of prohibitory injunction. (!) - Such relief can be granted only if claimed in a suit brought for a decree of mandatory injunction and all necessary conditions are established. (!) - In a suit for prohibitory injunction, what cannot be granted as final relief cannot be granted as interim relief, though the court may exercise inherent power to restore status quo ante to a date prior to the suit in certain circumstances if justified by the record. (!) (!) - The test for interim mandatory injunction differs from that for prohibitory injunction; mandatory injunction requires a stronger prima facie case and consideration of irreparable harm, balance of convenience, and overall discretion. (!) (!) - The lower courts’ orders directing restoration of status quo ante in a prohibitory suit were set aside; the petition succeeded. (!)
JUDGMENT :
The concurrent orders of interim mandatory injunction issued by two courts below in a suit for prohibitory injunction directing restoration of status quo ante as it existed prior to the date of institution of the suit, are assailed by defendants in this original petition filed under Article 227 of the Constitution of India.
2. The legal question that arises for consideration is whether court has power in a suit instituted for permanent prohibitory injunction to issue temporary mandatory injunction directing the defendants in the suit to put the property in dispute back to its original position as it existed anterior to the suit.
3. The petitioners/defendants are owners of plaint 'B' schedule item Nos.1 and 2 in the suit. The sole respondent/plaintiff owns plaint 'A' schedule 50 cents. The parties purchased respective portions of land from common owners. The plaint 'A' and 'B' schedule properties lie respectively on the eastern and western sides of plaint 'C' schedule pathway which measures a width of 3.7 meters.
4. The existence of 'C' schedule pathway is undisputed by parties. The 'C' schedule lies in north-south direction forming part of the pathway which starts from the p
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
