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Mandatory Injunction Not Automatic Even If Encroachment Proved; Can Be Denied For Plaintiff's Unfair Conduct: HP High Court
LIVELAW NEWS NETWORK
7 May 2026 5:40 PM IST
The Himachal Pradesh High Court held that even where a demarcation report clearly establishes encroachment, grant of mandatory injunction is not automatic. Emphasising the equitable nature of such relief, the Court ruled that it may be denied where the plaintiff's conduct is found to be unfair or based on false pleadings. The Court remarked that injunction being a discretionary remedy under...
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