Sanjay Paliwal v. Bharat Heavy Electricals Ltd.; 2026 INSC 61 - Mandatory Injunction - Cloud Over Possession
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Specific Relief Act, 1963 - Section 41 - When there is a cloud over possession of the disputed property, the suit for injunction simpliciter is not maintainable - The appropriate and efficacious remedy available is to institute a suit for possession along with a consequential relief of injunction, and not a suit for injunction simpliciter - When there is no cloud over title or possession, or where the defendant’s occupation flows from a licence or permissive arrangement, a suit for mandatory injunction is maintainable as the most efficacious remedy - The expression “equally efficacious remedy” denotes a remedy which would place the Plaintiffs in the same position in which he would have been had the relief of injunction not been sought. (Para 16-23)
