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Tulsiram vs. Ram Kumar Sharma & Anr.

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Code of Civil Procedure, 1908–Order 39, Rules 1 & 2 r/w. Sec. 151–Petitioner was restrained from obstructing the approach way available to plaintiffs–Appreciation of–Plea of the petitioner that the interim relief could not have been granted in mandatory form–Petitioner failed to point out any other alternative way available to the plaintiff to approach the subject property–He admitted the absence of alternative way in the Commissioner’s report–As a general principle, interim relief should not be granted in mandatory form but if the exigency so warrants, the Court is not incompetent to grant such relief in mandatory form–Interference declined.