Grant of Temporary Mandatory Injunction

The relief of interlocutory mandatory injunctions are thus granted generally to preserve or 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 the restoration of that which was wrongfully taken from the party complaining. But since the granting of such an injunction to a party who fails or would fail to establish his right at the trial may cause great injustice or irreparable harm to the party against whom it was granted or alternatively not granting of it to a party who succeeds or would succeed may equally cause great injustice or irreparable harm, courts have evolved certain guideline. Generally stated these guidelines are: (1) The plaintiff has a strong case for trial. That is, it shall be of a higher standard than a prima facie case that is normally required for a prohibitory injunction. (2) It is necessary to prevent irreparable or serious injury which normally cannot be compensated in terms of money. (3) The balance of convenience is in favour of the one seeking such relief. IN THE SUPREME COURT OF INDIA Civil Appeal No. 2422 of 1989 Decided On: 13.02.1990 Dorab Cawasji Warden Vs. Coomi Sorab Warden and others Hon'ble Judges/Coram: L.M. Sharma and V. Ramaswami, JJ. Equivalent citations: 1990 AIR 867, 1990 SCR (1) 332