A party in peaceful possession of immovable property, with established rights through a registered power of attorney, is entitled to protection against unlawful dispossession, pending trial on the validity of any competing claims.

JUDGMENT :

(RAMACHANDRA D. HUDDAR, J.)

This appeal is filed under Order XLIII Rule 1 (r) of the Code of Civil Procedure (for short, "CPC"), 1908, arising out of the order dated 02.05.2025 passed by the VII Additional Senior Civil Judge and J.M.F.C., Mysuru in O.S.No.427/2025, whereby, I.A.Nos. 2 and 3 filed by the plaintiff under Order XXXIX Rule 1 and 2 of read with Section 151 of CPC were dismissed. The appellant herein is a plaintiff before the Trial Court has preferred the present appeal being aggrieved by the rejection of his application seeking temporary injunction restraining 26^th defendant from interfering with his lawful possession and from alienating the suit schedule property pending disposal of the suit.

2. The facts in brief, which have given rise to present appeal are as under :

The appellant/plaintiff instituted a suit in O.S.No.427/2025 seeking relief of declaration and consequential reliefs claiming that, he has acquired irrevocable rights and possession over the suit schedule properties by virtue of 2 registered General Power of Attorneys executed in his favour on 05.05.2018 by defendant Nos.1 to 19. These GPA documents are undisputedly registered and they contain categorical recitals to the effect that, the entire consideration had been paid by the plaintiff to the respective executants at the time of execution of the instruments. It is further recorded in the said GPA that, possession of the property was simultaneously handed over to the plaintiff, who has since then been in uninterrupted and settled possession. The plaintiff asserts that, the GPA's are not mere instruments of agency simpliciter, but constitute authority coupled with interest, and are therefore irrevocable in law.

3. It is the assertion of the plaintiff in the plaint that, the defendants Nos. 1 to 25, in purported violation of the earlier transaction with the plaintiff, executed another GPA dated 17.05.2023 in favour of defendant No. 26, pursuant to which the said defendant No. 26, in a self- serving act, executed a registered Sale Deed on 26.11.2024 in his own favour. The plaintiff upon learning of these developments in the month of February, 2025, obtained Encumbrance Certificate and revenue records which revealed that, defendant No.26 had also got the revenue entries mutated in his name. The plaintiff alleges that, the GPA dated 17.05.2023 was fraudulently and collusively executed in complete suppression of the subsisting GPA of 2018 and that the Sale Deed dated 26.11.2024 executed by defendant No. 26 in his own favour is void and non-est in law, being based on an invalid and unauthorized foundation.

4. Under these circumstances, plaintiff filed the present suit in O.S.No.427/2025 on the file of the VII Additional Senior Civil Judge and JMFC at Mysuru, seeking relief of declaration that, he has irrevocable interest in the suit schedule property under the GPA dated 05.05.2018 and that the subsequent GPA and Sale Deed executed in favour of and by defendant No. 26 are not binding upon him. Along with the plaint, the plaintiff has also filed two interlocutory applications in the shape of IA.Nos.2 and 3 seeking ad-interim relief in the nature of temporary injunction to protect his possession and restrain defendant No.26 from alienating or altering the nature of the property pending disposal of the suit.

5. Before the Trial Court, the defendants appeared and opposed the application so filed by the plaintiff.

6. The, learned Trial Court on hearing the arguments of both the sides on I.A.Nos.2 and 3, proceeded to dismiss the applications of the plaintiff vide order dated 02.05.2025, holding that, the GPA's executed i