Upgrad LLM

injunction simplicitor- bare injunction


I need to know all that there is to know about a 'suit for bare injunction', as in 'injunction-simplicitor', without a prayer for any consequential or supplemental declaration of any rights, as to any title, in the subject matter.

Suppose, the Municipality Council of a particular locality, takes up works for extending a 'public road', and without giving any 'notice' to any of the residents, decides to go ahead with the 'demolition' of any structure or building, which according to its own one-sided discretion, is held as having encroached upon public property.

Is it permissible for any Municipality Council, to go ahead with any 'demolition', no matter how justified, without giving a due 'notice' to the residents about to be so affected?

Aggrieved by such a situation, in order to challenge the impugned 'demolition', what kind of an 'injunction' should one be praying for before the jurisdictional civil court, whether:

(i)  perpetual injunction,

or (ii)  temporary injunction,

or (iii)  mandatory injunction,

against the Municipality officials?

Or is it that, a 'suit for bare injunction' is just that, a simple 'injunction' suit?

Should it not be 'perpetual'? Or should it be 'mandatory'?

Please elaborate .....




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