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Mandatory Injunction (Section 39 Specific Relief Act)

Principles of Natural Justice & Equity

Definition

An equitable order compelling a party to perform a positive act to prevent the breach of an obligation, or to undo a wrongful act already committed (such as pulling down an unauthorized wall).

Example

A defendant unlawfully builds a concrete wall across a shared village road overnight, blocking the plaintiff's access; the civil court issues a mandatory injunction under Section 39 commanding the defendant to demolish the wall.