for a right under easementary act of pathwy with out Mantory injuction.

V.V.RAMDAS (Querist) 19 February 2009 This query is : Resolved
Sir/Madam,
Would you like to clarify my problem? My problem is - a Plaintiff filed a suit for a path/way from his house to road intervening a government land over which 8 quarters exist with a prayer to declare his right and to demolish the 8 quarters along with perpetual injunction. Ultimately the court decreed in his favour and he filed for execution of the decree. So my question is can this decree is executable without a separate prayer of Mandatory injunction. If yes kindly do provide some citations of any High court or Supreme Court. Waiting for your valuable reply. -Ramdas-

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PALNITKAR V.V. (Expert) 20 February 2009
I could not get what exactly you want to ask. Please clarify exactly what declaration is asked? what permanent injunction is asked and what mandatory relief should have been asked.

A. A. JOSE (Expert) 20 February 2009
The question needs to be properly framed to understand the same in its true sense.

PALNITKAR V.V. (Expert) 20 February 2009
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adv. rajeev ( rajoo ) (Expert) 20 February 2009
for demolition of house mandatory injunction prayer is must.

PALNITKAR V.V. (Expert) 20 February 2009
But Mr. Ramdas has not clarified the query.

Kamlesh soni (Expert) 20 February 2009
for demolition of house mandatory injunction prayer is must. I do agree with Mr.Rajeev

Abhishek (Expert) 20 February 2009
i will go with Mr. Rajeev..

V.V.RAMDAS (Querist) 20 February 2009
Dear friends,
I am very thankful that you have all attended my query. So, I have modified my question to clarify the ambiguity. Therefore you are requested to give some citation on the question.
*Ramdas*