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V.RAMASWAMI, L.M.SHARMA
Dorab Cawasji Warden – Appellant
Versus
Coomi Sorab Warden – Respondent
The paragraphs of the judgement that state that final relief cannot be granted in interim relief are primarily those that emphasize the exceptional nature of granting relief that effectively awards the final outcome. Specifically, the judgement notes that such interim mandatory injunctions, which substantially alter the status quo or grant the final relief sought, are granted only in exceptional circumstances due to the high risk of injustice involved (!) .
The Court finally held that interim mandatory injunctions of a final or substantial nature are extraordinary remedies that should only be granted when the applicant demonstrates a clear, strong case, and irreparable harm is likely to occur if the relief is not granted. The Court emphasized that the discretion to grant such relief must be exercised cautiously, ensuring that the applicant’s case is sufficiently probable and that the balance of convenience favors granting the injunction. Ultimately, the Court reaffirmed that such relief should be granted only in exceptional cases, to prevent injustice and preserve the status quo until the final hearing (!) (!) (!) .
Judgment
V. RAMASWAMI, J:- This appeal arises out of notice of motion taken by the plaintiff in Civil Suit No. 2987 of 1987* on the file of the Bombay City Civil Court at Bombay for interim injunction pending the suit restraining defendants 1 to 3 from parting with possession and defendants 4 and 5 from entering into or taking possession and/or remaining in possession or enjoyment of the suit property, namely, Dorab Vila, 29, Perry Cross Road, Bandra, Bombay, or any part or portion thereof. The appellant is the plaintiff and defendants 1 to 5 are respondents 1 to 5.
* Reported in (1989) 1 Bom CR 99
2. The appellant is the owner of an undivided half share in the suit property. The suit property was purchased originally under a deed dated 12th January, 1934 by Cawasji Dorabji Warden, Banubai Warden and the appellant as joint owners. Cawasji Dorabji Warden and Banubai are respectively the father and mother of the appellant. it appears that the superstructure on the land was constructed subsequent to the purchase. At the time when the property was purchased the appellant was a minor. By a registered deed of declaration the appellant (sic) made a declaration that the appellant has an undi
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