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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
President, Sevalal Vidya Samsthe, Primary School – Appellant
Versus
G.V.Narayana Rao, S/O Vitoba Rao – Respondent
JUDGMENT :
ASHOK S.KINAGI, J.
This Regular Second Appeal is filed by the appellants, challenging the judgment and decree dated 24.01.2013 passed in R.A.No.102/2010 by the learned Second Additional Senior Civil Judge, Shimoga.
2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellants were the defendants and the respondent was the plaintiff.
3. Brief facts leading rise to the filing of this appeal are as follows:
The plaintiff filed a suit against the defendants for perpetual injunction. It is the case of the plaintiff that the plaintiff had purchased 35 guntas of land in Sy.No.125/2 of Navile village through a registered sale deed in 1974- 1975. The land measuring 13 guntas of the said land was used for Thunga Channel. The remaining property is only 22 guntas. Subsequently, 5 guntas was taken over for Sevalal village and the remaining property available is only 17 guntas. It is contended that on the eastern side of the suit schedule property, the defendants constructed a school building. The plaintiff had filed a suit for mandatory injunction against the defendants for the removal of a school building in O.S.No.32/2000. The defendants
A suit for permanent injunction is not maintainable without seeking a declaration of title, emphasizing the necessity of establishing lawful possession and the binding nature of prior Commissioner's ....
Possession established through admissions is sufficient for granting permanent injunction against unlawful interference.
A suit for permanent injunction, without seeking a declaration of title, is not maintainable when ownership is disputed; a comprehensive claim is required to address possession and title.
In actions for injunctions, plaintiffs must demonstrate lawful possession and seek a declaration of title when ownership is disputed; failure to do so renders the suit unmaintainable.
Possession of property is protected under law, and eviction can only occur through due legal process; previous court findings confirmed the plaintiff's rightful possession and the inadequacy of the d....
A suit for injunction is not maintainable without a concurrent suit for declaration of title when ownership is disputed, emphasizing the necessity of primary evidence in possession claims.
A suit for perpetual injunction is not maintainable when encroachment is established, particularly if the land has been acquired by the state, barring the plaintiff's cause of action.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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