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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M.G.S. Kamal, J
Devaraddi, S/o. Chandrappa Nandeppanavar – Appellant
Versus
Shivanand S/o. Basappa Tarikoppa – Respondent
| Table of Content |
|---|
| 1. plaintiffs' claim of ownership and access. (Para 1 , 2) |
| 2. defendants' denial of plaintiffs' claims. (Para 3 , 4 , 5) |
| 3. issues framed and appellate review. (Para 6 , 7) |
| 4. court's findings on claim disputes. (Para 8 , 10 , 11 , 12 , 13) |
| 5. court emphasizes need for substantial relief in property disputes. (Para 9) |
| 6. liberty to seek substantial relief. (Para 14 , 16) |
JUDGMENT :
M.G.S. KAMAL, J.
Plaintiffs are before this Court in this appeal being aggrieved by the judgement and decree dated 26.02.2020 passed in OS No.273/2015 on the file of I Additional Civil Judge and JMFC, Gadag (for short ‘Trial Court’), dismissing their suit seeking relief of mandatory and permanent injunction, which has been confirmed by the judgement and order dated 17.08.2021 passed in RA No.65/2020 on the file of Principal Senior Civil Judge and CJM, Gadag (for short ‘First Appellate Court’).
2. Suit schedule properties consist of house property bearing G.P.No.30A/2, 30B, open site VPC No.27, house property bearing VPC No.30A/1, and compound wall on the southern boundary of property bearing VPC No.27 all are situated at Binkadakatti village, Taluk and District Gadag belong to the plaintiffs. A ha
In property disputes, a suit for injunction must assert substantial rights rather than mere possession claims for it to be maintainable.
A mandatory injunction requires specific issues to be framed regarding disputed existence before being granted.
Restored permanent injunction for boundary wall on plaintiff's property excluding defendant's encroached portion, based on Commissioner's report.
The court emphasized the importance of evidence in boundary disputes and affirmed the appellate court's findings which did not invite interference.
The court affirmed the necessity of a prima facie case for injunctions in property disputes, emphasizing the balance of convenience and the importance of proper boundary determination.
A party claiming an injunction must prove ownership and entitlement to the disputed property; mere possession is insufficient without clear evidence.
Point of law : Suit for mandatory injunction was filed for removal of huts on the land against the defendants, who were described as the encroachers without requesting relief of possession, and decla....
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