Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAMACHANDRA D.HUDDAR
Mothisingh, S/o. B. Hapu Singh – Appellant
Versus
Kalaiah, S/o. Late Kalaiah – Respondent
| Table of Content |
|---|
| 1. factual basis of the plaintiff's claim. (Para 1 , 2 , 3 , 4) |
| 2. defendants' opposition to the plaintiff's claims. (Para 5 , 6) |
| 3. court's analysis on the nature of gpa and possession. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. conclusion favoring the plaintiff's claim for injunction. (Para 13) |
| 5. final order and directions. (Para 14) |
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 26th 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/
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 va....
An irrevocable General Power of Attorney coupled with interest cannot be unilaterally terminated, confirming that rights under executed agreements must be honored.
Unregistered GPAs and affidavits do not confer ownership or possessory rights in immovable property, and mere injunction is not maintainable when title is clouded by a prior registered sale deed.
(1) Rights of POA Holder – POA Holder cannot execute agreement to sell on behalf of Principal where POA is not irrevocable.(2) Interpretation of Documents (POA) – While construing a document, a reade....
Presumption that possession goes with title applies to a case like this where neither party has been able to prove or establish possession, but one of the parties is able to show its title.
A General Power of Attorney (GPA) executed post-payment cannot be unilaterally cancelled without a registered deed; cancellation via notice is legally invalid, creating no valid cause of action for t....
In a suit for declaration of title, the burden lies on the plaintiff to establish their title, and failure to do so results in dismissal, regardless of the defendants' claims.
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
