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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAVI V.HOSMANI
Meenakshi K., W/o Late Ananda Rao – Appellant
Versus
Assistant Executive Engineer, Panchayatraj – Respondent
| Table of Content |
|---|
| 1. overview of the dispute and relevant properties. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments presented regarding dismissal of suit. (Para 8 , 9) |
| 3. counterarguments supporting trial court's decision. (Para 12 , 13) |
| 4. discussion on title's incidental impact on injunction. (Para 14 , 15 , 16 , 17) |
| 5. conclusion remitting case for further consideration. (Para 20 , 21) |
JUDGMENT :
RAVI V HOSMANI, J.
Challenging judgment and decree dated 17.03.2023 passed by Principal Senior Civil Judge and JMFC, Bantwal, D.K., in R.A.no.9/2021 and judgment and decree dated 09.06.2021 by Principal Civil Judge and JMFC, Bantwal, Dakshina Kannada, in O.S.no.109/2012, this second appeal is filed.
2. Sri Divakara K.N., Akshay S., learned counsel for appellants no.1 and 3 to 5 submitted that appeal was by plaintiffs in O.S.no.109/2012 filed for relief of permanent injunction restraining respondents/defendants from widening existing 3 metre roadway in plaint 'A' schedule properties bearing Sy.no.200/4A, measuring 0.56 cents and in Sy.no.200/5, measuring 0.28 cents, situated at Kedila village, Bantwal Taluk, Dakshina Kannada District (hereinafter referred to as 'Suit Properties') or from interfering with
In permanent injunction suits, issues of title must be explicitly framed and addressed to ensure procedural fairness, enabling parties to substantiate their claims.
Revenue records do not confer title or prove possession against commissioner report and admissions showing physical division by road and fencing; injunction suit maintainable on possession without de....
A claimant must establish exclusive settled possession and document rights to land for relief against interference; admissions impacting access rights must be substantiated.
In a suit for injunction, a clear title can suffice for relief without a declaration if the opposing party fails to substantiate their claims, allowing the rightful possessor to seek protection again....
(1) Suit for mere injunction does not lie only when defendant raises genuine dispute with regard to title and when he raises cloud over title of plaintiff.(2) Issue with regard to title can be decide....
The court affirmed that adverse inferences can be drawn from a party's failure to produce pivotal witness testimony and pertinent evidence, impacting the burden of proof in established property right....
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