Temporary Mandatory Injunction:
A temporary mandatory injunction is a court order requiring a party to perform a specific act or to maintain a certain status until a final judgment is made in the case. Unlike prohibitory injunctions, which prevent a party from doing something, mandatory injunctions compel a party to take a specific action.
Legal Framework in India:
Section 37(1) of the Specific Relief Act, 1963: Defines temporary injunctions.
Order 39 of the Civil Procedure Code (CPC), 1908: Deals with temporary injunctions and interlocutory orders.
Conditions for Granting Temporary Mandatory Injunction:
Prima Facie Case: The applicant must demonstrate that there is a substantial question to be tried.
Irreparable Injury: The applicant must prove that they will suffer irreparable harm if the injunction is not granted.
Balance of Convenience: The court must be convinced that the balance of convenience lies in favor of the applicant.
Key Case Laws:
Dorab Cawasji Warden v. Coomi Sorab Warden and Ors. (1990): The Supreme Court laid down the principles for granting a temporary mandatory injunction, emphasizing the need for a strong prima facie case and the potential for irreparable harm.
Samir Sobhan Sanyal v. Tracks Trade Pvt. Ltd. (1996): The court ruled that mandatory injunctions should be granted only in exceptional cases where the injury caused by the refusal would be greater than the injury caused by granting the injunction.
Deoraj v. State of Maharashtra (2004): This case reiterated that temporary mandatory injunctions can be granted if there is a compelling necessity to prevent injustice.
