Judicial Discretion in Granting Mandatory Injunctions: A Supreme Court Analysis of Section 39 of the Specific Relief Act, 1963
Judicial Discretion in Granting Mandatory Injunctions: A Supreme Court Analysis of Section 39 of the Specific Relief Act, 1963 By: Advocate Abhishek Jat The application and interpretation of Section 39 of the Specific Relief Act, 1963, governing the grant of mandatory injunctions, has been a recurring subject of judicial scrutiny. In a recent and pivotal judgment, the Supreme Court of India, in Estate Officer, Haryana Urban Development Authority & Ors. v. Nirmala Devi & Ors. (Civil Appeal No. 7707 of 2025 arising out of SLP (C) No. 15148 of 2017), provided a comprehensive elucidation of the judicial parameters and statutory prerequisites for compelling affirmative acts by a party. Authored by Justice J.B. Pardiwala, this ruling meticulously delineates the boundaries of judicial discretion and the conditions precedent for such an extraordinary equitable remedy. Statutory Foundation: Section 39 of the Specific Relief Act, 1963 Section 39 of the Specific Relief Act empowers...