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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
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.427/2025 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 c
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.
Civil Procedure Code, 1908 – Order 21 Rules 97, 98 and 101 – Execution of decree – Mutation entry in revenue records does not create title nor has any presumptive value on title, but only enables the....
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