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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Rangamma D/o Late Hanumaiah @ Narayanappa – Appellant
Versus
Lalithamma W/o Late Krishnappa – Respondent
| Table of Content |
|---|
| 1. nature of petition and parties involved. (Para 1 , 3) |
| 2. petitioners' claims of right over property. (Para 4) |
| 3. plaintiff's right to possession disputed. (Para 5) |
| 4. final observations and dismissal. (Para 6 , 8 , 9) |
| 5. court's analysis of ownership and possession. (Para 7) |
ORDER :
1. Batch of these petitions call in question an order dated 04-11-2024 passed by the II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru in M.A.Nos.24 of 2024, 21 of 2024, 22 of 2024 and 23 of 2024 respectively, by which the order dated 07-03-2024 passed by the II Additional Civil Judge, Bengaluru Rural District, Bengaluru on I.A.No.I filed under Order 39 Rules 1 and 2 of the CPC, in O.S.No.1255 of 2023, 1258 of 2023, 1256 of 2023 and 1257 of 2023 respectively, refusing to grant temporary injunction, comes to be granted.
2. Heard Sri C.Shankar Reddy, learned counsel appearing for the petitioners and Sri M.B.Chandachooda, learned counsel appearing for respondent No.1.
3. Facts, in brief, are as follows: -
Since the contentions urged in all the petitions are same, except the change in original suit numbers and miscellaneous appeal numbers, for understanding, the facts as narrat
The court upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
A party seeking a temporary injunction must establish a prima facie case, balance of convenience, and approach the court with clean hands; lack of evidence or lawful possession can lead to dismissal ....
A plaintiff must demonstrate a prima facie case, balance of convenience, and potential hardship to obtain a temporary injunction under Order XXXIX Rules 1 and 2 of CPC.
In property disputes, possession follows title; plaintiffs established a prima facie case warranting temporary injunction despite defendants' claims.
Temporary injunctions must align with the relief sought in the main suit; granting relief beyond this scope is impermissible.
Court must grant injunction to protect possession when a prima facie case, balance of convenience, and risk of irreparable harm are established.
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