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M. G. UMA
Basavaraj – Appellant
Versus
Kamlavva – Respondent
JUDGMENT
1. Defendant No. 9 filed M.F.A. No. 101019/2021 calling in question the common order dtd. 13/8/2021 passed in O.S. No. 348/2019 allowing I.A. No. 1 filed under Order 39 Rule 1 and 2 of CPC. M.F.A. No. 101020/2021 is filed challenging the order dismissing his application I.A. No. 10 filed for vacating the temporary injunction granted against him.
Brief facts of the case are as under:
2. Plaintiffs have filed the suit O.S. No. 348/2019 against defendant Nos. 1 to 9 seeking declaration that the sale deeds dtd. 22/4/2003 and 2/2/2019 in respect of suit properties bearing R.S. No. 128/1A and 128/8 executed in favour of defendant Nos. 6 to 8 and 9 respectively are null and void and not binding on the plaintiffs and to declare that the plaintiffs are the absolute owners in actual possession of the suit properties. They had also claimed relief of permanent injunction against the defendants restraining them from disturbing or interfering with the peaceful possession and enjoyment of the same.
3. During the pendency of the suit, plaintiffs filed I.A. No. 1 under Order 39 Rule 1 and 2 of CPC seeking temporary injunction against the defendants in respect of R.S. No. 128/1A and 128/8 fr
A temporary injunction cannot be granted if the claimant does not have a valid legal claim over the property in question, particularly in light of established family partitions.
The court emphasized the discretionary and equitable nature of temporary injunctions, considering the balance of convenience and limited jurisdiction to interfere with trial court orders.
The main legal point established is that the trial court must consider the evidence of possession and purchase before granting a temporary injunction in property disputes.
Defendants, who file a counter claim against the plaintiff, can maintain an application for temporary injunction against the plaintiff. Additionally, the court may injunct the plaintiff to maintain s....
A permanent injunction cannot be granted against co-owners without establishing clear possession or valid title, especially when title is disputed.
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
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