URGENT
permanant injunction suit was filed for restraining Respondents from interfering with the peaceful possesion & enjoyment of the suit schedule property.Trial commenced & completed and posted for arguement on 14th September2017. The Respondents encroached into the suit schedule property and erected a tower in December 2016. Appointed advocate Commissioner noted down the physical features of the suit property incuding the erected tower. Plaintiff's advocate maintain that no action necessary now and during execution petition we can ask the Respondent to remove the tower. I am not sure it will work when the filed suit is only for simple injunction.
Therefore, the question arises whether or not the Plaintiff can reopen the case now and ask for mandatory injuction directing the Respondents to remove the tower and permit the Plaintiff to erect a fence around the suit schedule property which is being vacant.
Any help is much appreciated.
Anand Bala
