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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
SURAJ GOVINDARAJ
Rekha, W/o. Gadigeppa Yeligar – Appellant
Versus
Mahmodsharifsab, S/o. Abdul Rajakasab Patel – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash order for injunction. (Para 1 , 2) |
| 2. petitioners argue against injunctive relief based on prior suit. (Para 3 , 4 , 5) |
| 3. court establishes that respondent has rightful possession. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
ORDER :
SURAJ GOVINDARAJ, J.
1. The petitioners are before this Court seeking the following reliefs:
1. This Hon’ble Court may be pleased to issue a Writ of Certiorari quashing the impugned order dated 01/06/2023 passed by the learned Senior Civil Judge and JMFC, Shiggaon in MA No.7/2022 vide Annexure-A.
2. Pass any other such orders as this Hon’ble Court would deem fit to meet the ends of Justice and Equity.
2. The brief facts of the case are:
2.1. The first petitioner claims to be the wife of Gadigeppa Yeligar. The second and third petitioners are the children of Gadigeppa Yeligar.
2.2. The respondent filed a suit in O.S.No.207/2021 seeking for permanent injunction restraining the petitioners from interfering with possession and also sought for mandatory injunction.
2.3. Vide order dated 07.07.2022, I.A.No.I/2021 seeking for an interim injunction was allowed and the petitioners were restrained from obstructing the lawful possession
A sale deed establishes a presumption of possession, and challengers must provide evidence to rebut this presumption to contest an injunction.
A simple suit for injunction is not maintainable without a declaration of title, as possession alone does not confer legal rights.
The main legal point established is that the trial court must consider the evidence of possession and purchase before granting a temporary injunction in property disputes.
In a joint family property, a permanent injunction against a co-owner is unjustified unless exclusive possession can be established.
Judgments in appeal can only be overturned when proved unjust; proper possession and legal title must be substantiated through evidence.
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