Doctrine of ‘Interlocutory Mandatory Injunction’ & Principle of ‘Moulding of Relief’: Analysis
7 Pages Posted: 12 Nov 2018
Date Written: October 20, 2018
Abstract
According to the purport of Section 39 of the Specific Relief Act, 1963, when, to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of, and also to compel performance of the requisite acts. The relief of interlocutory mandatory injunction can be granted to preserve or to restore the status quo of the last non-contested status which preceded the pending controversy until the final hearing when full relief may be granted, or to compel the undoing of those acts that have been illegally done or for the restoration of that which was wrongfully taken from the party complaining the breach.
Keywords: Shivam Goel, Injunction, Specific Relief
Suggested Citation: Suggested Citation