H.G. Ramesh, J (Oral) : In suits instituted for grant of permanent prohibitory injunction relating to immovable properties, whether issue of title will be directly and substantially in issue, is the question that needs an answer in this writ petition. Answer: In a suit for Injunction simpliciter, there is no need to frame any issue relating to title as issue of title will not be directly and substantially in issue except where the suit property is a vacant site or a vacant non-agricultural land and a cloud is raised over the plaintiffs title in respect of such vacant site or land.

A suit for grant of permanent prohibitory injunction without seeking the relief of declaration of title is maintainable. The mere fact that the question of title may have to be gone into in deciding whether an injunction can be given or not is no justification for holding that the suit is for declaration of title and for injunction.

2. This writ petition is by the defendants and is directed against an interlocutory order dated 22.08.2012 passed by the Court of the Civil Judge, Gudibande in the suit in O.S.No. 178 of 2008 rejecting their application to frame an issue regarding title in respect of the su