Haji IBRAHIM vs ABDUL QADIR LAKHANI S — 2023 PLD 11 KARACHI-HIGH-COURT-SINDH

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Haji IBRAHIM VS ABDUL QADIR LAKHANI S. 54---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Mandatory injunction---Interim relief---Object, purpose and scope---Interlocutory order may either be of prohibitory nature or mandatory in character---Such discretion as being exercised should reveal exercise of some sound principles and standards as already recognized---Relief of mandatory injunction is a discretionary relief and can be granted in the circumstances specified under Specific Relief Act, 1877---Standards of passing mandatory interlocutory orders, and that too ex-parte, have now been settled conclusively---If a Court is called upon to grant any relief on any interlocutory application, which when granted would mean granting substantially the relief claimed in the suit and/or to restore status as existed on the day suit was filed, the Court ought to be very careful and circumspect in the matter of granting any such prayer---No absolute bar in granting such relief and Court should not lay down absolute proposition when such are not necessary and consequently forge fetters for itself but such exercise of discretion should be limited to rare and exceptional cases---Such orders of injunctions or for that matter any interlocutory order of mandatory nature are passed where rights sought to be protected are clear and/or based on comprehensive undisputed report and not where it is doubtful, cloudy or needed trial---Injunction cannot be granted to establish a new state of things differing from state of things which existed on the date when proceedings were instituted and picture for undisputed possession of plaintiffs of suit was not at all clear when suit was filed---Interlocutory mandatory injunction can only under those compelling circumstances be granted in case Court is satisfied that matter is urgent one and an immediate assistance is needed to prevent irreparable injury being done to legal or equitable rights of a claimant---Where passing of mandatory injunction is inevitable leading principle, which may be conducive for the situation, is to limit exercise of discretion to the extent it is needed---Leading rationale which ought, in normal circumstances, to be guide of Court and to regulate its discretion in granting injunction is that only such restraint should be imposed or such powers be exercised as may suffice to stop the mischief complained of---If restraining order of ex-parte nature is sufficient to handle given situation then it is not conceivable that maximum cap of discretion be utilized, though it is within Court's discretion.

Haji IBRAHIM vs ABDUL QADIR LAKHANI S — 2023 PLD 11 KARACHI-HIGH-COURT-SINDH

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