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Judgment
Special leave granted. Argument heard.
We are not satisfied that the High Court was right in the fact an circumstances of the case in grant in a mandatory injunction under Order XXXIX, Rule 1 of the Code of Civil Procedure, 1908. However, it appears that the order was made with the taci consent of the Government and there fore we cannot interfere with the order. But at the same time we their necessary in the public interest to direct that the rate fixed by the High Court for supply of khair tree by the Appellants to the Respondent be increased to Rs. 30 per tree. further direct that the Respondent shall furnish bank guarantee for the difference between the rate Rs. 37.40 p. per tree as claimed by to Government and the rate fixed by within six weeks from today and shall continue to keep alive the be guarantee till the disposal of the suit by the District Judge. The Hit Court will dispose of the appeal before it as early as possible and in a event, not later than two months from today.
The appeal is disposed of according. No costs.