Mandatory Injunction–Simpliciter suit–Scope for maintainability–Plaintiff failed to seek the relief of possession despite the existence of a cloud over the possession of the property–The suit for injunction simpliciter was not maintainable–Further, the High Court rightly noted that there was no measurement whatsoever of the disputed wall either in the plaint map or in the judgment and decree passed by the Trial Court–In the absence of such foundational evidence, grant of a decree for mandatory injunction was wholly illegal–High Court rightly set aside the decree in second appeal.
