MP 1 CA1616inAO1313_10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1616 OF 2010 WITH APPEAL FROM ORDER NO. 1313 OF 2010 IN ORDER & JUDGMENT DATED 11th MAY 2010 IN NOTICE OF MOTION NO. 1062 OF 2010 IN B.C.C.C. S.C. SUIT NO. 953 OF 2010 Mr. Mahadev Nathuram Choudhary and another .. Appellants Versus Aiming Masters Cricket Club and others .. Respondents Mr. D. C. Shah for the Appellants. Mrs. Neha Bhide for Respondent Nos. 1 to 4. Mr. Warekar i/b. Warekar & Warekar for Respondent No. 5. CORAM : B.R. GAVAI, J. MONDAY, JANUARY 31, 2011 P. C. : Heard the learned Counsel on the question of grant of interim relief. From the perusal of paragraph 3 of the operative order, it would reveal that the learned Judge has granted an order in the nature of mandatory injunction. By now, it is settled law that an order in the nature of mandatory injunction under Order 39 Rule 1 and 2 can be granted only in the exceptional and compelling circumstances. The learned Judge has not discussed as to what exceptional and compelling circumstances appear in the matter to exercise such jurisdiction. 2. In that view of the matter, the civil application is allowed in terms of prayer clause (a). (B.R. GAVAI, J)