Back
R. MAHADEVAN, J. B. PARDIWALA
Krushna Chandra Behera – Appellant
Versus
Narayan Nayak – Respondent
ORDER :
1. Heard the learned counsel appearing for the parties on delay.
2. We are convinced that the sufficient cause assigned for the delay of 462 days in filing the present appeal.
3. The delay is, accordingly, condoned.
4. Leave granted.
5. This appeal is at the instance of the original plaintiffs seeking to challenge the judgment and order passed by the High Court of Orissa at Cuttack dated 23-12-2022 in Regular Second Appeal No.38/2019, by which the High Court allowed the Second Appeal filed by the respondents – herein (original defendants) and thereby dismissed the Suit filed by the plaintiffs seeking permanent injunction.
6. The plaintiffs instituted a Title Suit No.174/1983 praying for the following reliefs:-
b) the defendant be temporarily injuncted not to enter upon the suit land till the disposal of the suit and not to cut the present standing paddy crops.
c) Cost of the suit be given to the plaintiff.
d) any other relief to which the plaintiff is entitled to be given to him.”
7. In the Title Suit, the Trial Court framed the foll
Suit seeking Permanent Injunction – If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no mai....
Plea of ownership based on sale deed and plea of adverse possession, both are contrary to each other and plaintiffs cannot be permitted to take both pleas at the same time.
In disputes involving conflicting title claims, a suit for permanent injunction is not maintainable without a concurrent declaration of title, reaffirmed by the necessity of evidencing lawful possess....
Proper adherence to procedural requirements in second appeals under Section 100 CPC is essential; remand orders must be supported by valid grounds as per Order 41 Rule.
The suit for injunction is not maintainable when the title of the plaintiff is under a cloud, requiring a declaration of title for proper adjudication.
A plaintiff must establish title to obtain consequential relief of injunction; mere possession is insufficient if title is denied.
(1) Suit for mere injunction does not lie only when defendant raises genuine dispute with regard to title and when he raises cloud over title of plaintiff.(2) Issue with regard to title can be decide....
Consequential relief of injunction cannot be granted if the substantive relief of title is denied, even if possession is established.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
