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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Dayananda Kumara, S/o. Nandeesha – Appellant
Versus
Adinarayanappa, S/o. Late Gangappa – Respondent
| Table of Content |
|---|
| 1. ownership and title chain of the property. (Para 1 , 2 , 3 , 4) |
| 2. trial court's judgment on possession. (Para 5 , 6) |
| 3. arguments regarding the acquisition and validity of title. (Para 7 , 8) |
| 4. litigation history affecting property claims. (Para 10 , 11 , 12) |
| 5. res judicata and implications for plaintiff's claim. (Para 13 , 14) |
| 6. legal principles regarding possession vs. ownership. (Para 15 , 16 , 17 , 18) |
| 7. final order and dismissal of the appeal. (Para 19 , 20) |
JUDGMENT :
K.S. HEMALEKHA, J.
This regular first appeal is preferred by the defendant assailing the judgment and decree dated 27.09.2022 in O.S. No.2911/2019, on the file of XLIV Additional City Civil and Sessions Judge, Bengaluru (CCH-45) (hereinafter referred to as ‘Trial Court’ for short). By the judgment and decree, the Trial Court decreed the suit for permanent injunction and restrained the defendant, his men and anybody acting on his behalf from interfering with the plaintiff's peaceful possession and enjoyment of the suit schedule property.
2. The suit schedule property is described as under:
“SCHEDULE PROPERTY
All that piece and parcel of the property bearing site No.13, formed in Sy.No.6/1A. Vide D.C.
Possession derived from post-acquisition transactions without valid title is not protected by injunction, and principles of res judicata bar re-litigation on the same title established in prior judgm....
A plaintiff with clear title and possession can seek an injunction against interference, even in the face of disputed title, provided they substantiate their claims with appropriate evidence.
A suit for bare injunction is not maintainable without a declaration of title, particularly when there is a cloud over the plaintiff's title as indicated by a disclaimer from the vendor.
In injunction suits, establishing possession suffices; title issues arise when challenged by defendants claiming rights, thus not necessitating formal title proof by plaintiffs.
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