IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
K.M. Thippeswamy S/o Late Muregappa – Appellant
Versus
Rajappa S/o Kallalppa – Respondent
ORDER :
1. The petitioner is before this Court calling in question an order of the First Appellate Court, which confirms the order of grant of an injunction under Order XXXIX Rules 1 and 2 of the CPC in favour of the defendant.
2. Heard the learned counsel Sri.Kantharajappa M.G., appearing for the petitioners and the learned counsel Sri.K.Murthy, appearing for respondent No.1.
3. Facts in brief, germane, are as follows:
A suit for injunction is instituted by the petitioners in O.S.No.495/2022, in which, a counterclaim is also registered. The suit, in which, the petitioner institutes, an application is filed under Order XXXIX Rules 1 and 2 of the CPC, which is not granted. The defendant also had filed identical application in the counterclaim that was so registered. Qua the counterclaim schedule property, injunction was granted. This is challenged by the petitioners-plaintiffs before the First Appellate Court. the First Appellate Court rejects the same.
4. Learned counsel appearing for the petitioners is before the Court calling in question the order of the Trial Court and that of the First Appellate Court granting injunction in favour of defendant qua the suit schedule property.
5. Learn
A defendant in a suit for injunction can maintain a counterclaim seeking an injunction over a different property if he establishes a prima facie case, balance of convenience, and likelihood of irrepa....
The court affirmed that counter claims can be filed to prevent multiplicity of proceedings, even after the written statement, as long as they comply with legal principles.
Defendants, who file a counter claim against the plaintiff, can maintain an application for temporary injunction against the plaintiff. Additionally, the court may injunct the plaintiff to maintain s....
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....
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
The main legal point established is that a fresh cause of action justifies the filing of a separate suit for temporary injunction, and the Court must consider the conduct of the parties and the princ....
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 ....
The validity of unregistered agreements and the maintainability of suits for perpetual injunction based on possession were central to the judgment.
Counterclaims against co-defendants are not maintainable, reaffirming Supreme Court precedent.
A family member of a tenant cannot claim legal rights to property or file for an injunction without asserting ownership or interest, demonstrating a lack of enforceable obligation under the law.
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