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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B.V.L.N.CHAKRAVARTHI
Fakruddin Sab – Appellant
Versus
Khairnubi – Respondent
JUDGMENT :
B.V.L.N.CHAKRAVARTHI, J.
This Second Appeal, under Section 100 of the Code of Civil Procedure, 1908, is filed by the appellant/respondent/plaintiff assailing the decree and judgment, dated 05.02.2001, of the learned Senior Civil Judge, Hindupur, passed in A.S.No.26 of 1998.
02. The appellant/plaintiff filed O.S.399/1998 on the file of learned Junior Civil Judge’s Court, Hindupur, against the respondent/defendant seeking the relief of permanent injunction, restraining the defendant and her men from interfering with the peaceful possession and enjoyment of the schedule mentioned plot bearing No.165 measuring 30x50 feet in S.No.118/2, 119/1-B and 119/4 within the boundaries, east-plot No.164 west and north-road and south-plot No.165-A and other houses. The learned trial Court vide judgment and decree dated 15.12.1997 decreed the suit. The respondent/defendant filed appeal in A.S.26/1998 on the file of learned Senior Civil Judge, Hindupur, challenging the judgment and decree of the learned trial Court.
03. The learned Senior Civil Judge, Hindupur, vide judgment and decree dated 05.02.2001 allowed the first appeal with costs, and thereby dismissed the suit in O.S.399 of 1998 on t
In a suit for injunction simpliciter, the court cannot adjudicate title without necessary pleadings and issues; possession is the primary concern.
A plaintiff must establish title to obtain consequential relief of injunction; mere possession is insufficient if title is denied.
Consequential relief of injunction cannot be granted if the substantive relief of title is denied, even if possession is established.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
Judgments in appeal can only be overturned when proved unjust; proper possession and legal title must be substantiated through evidence.
A co-owner's entitlement to seek permanent injunction based on established title, possession, and enjoyment, even in the absence of exclusive possession, when the defendant fails to prove her claim.
A suit for permanent injunction is not maintainable when the defendant raises a genuine dispute regarding the plaintiff's title, and the plaintiff fails to prove lawful possession.
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