Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
Venaktachala Reddy S/o. Late Konda Reddy – Appellant
Versus
Rame Gowda S/o. Late Koorgalli Siddalah – Respondent
| Table of Content |
|---|
| 1. writ petition filed regarding temporary injunction (Para 1 , 3 , 4) |
| 2. arguments for temporary injunction based on ownership and possession (Para 6) |
| 3. opposing arguments on lack of clean hands and factual suppression (Para 7 , 8 , 9) |
| 4. acknowledgment of ownership and previous suit results (Para 10 , 11 , 12) |
| 5. criteria for temporary injunction: prima facie case and balance of convenience (Para 14 , 15 , 16) |
ORDER :
PRADEEP SINGH YERUR, J.
Heard Smt.Susheela, learned Senior Counsel appearing on behalf of Sri Nagesh Vinay S. for petitioner and Sri S.V.Giridhar, learned counsel for respondent Nos.1 and 2.
2. Parties are referred to as per their status before the trial Court.
3. This petition is filed by the petitioner, who was the plaintiff in O.S.No.268/2016, aggrieved by the impugned order dated 23.08.2025 passed in M.A.No.7/2025 by VII Additional District Judge, Mysuru, whereby the appellate Court dismissed the appeal and confirmed the order dated 18.12.2024 passed on I.A.No.XIII in O.S.No.268/2016 by II Additional Senior Civil Judge and CJM, Mysuru.
4. The plaintiff had initiated a suit against the defendants for declaration and other consequential benefit. Along with
A plaintiff must demonstrate a prima facie case, balance of convenience, and potential hardship to obtain a temporary injunction under Order XXXIX Rules 1 and 2 of CPC.
In property disputes, possession follows title; plaintiffs established a prima facie case warranting temporary injunction despite defendants' claims.
A party seeking a temporary injunction must establish lawful possession, a prima facie case, balance of convenience, and irreparable injury.
The court emphasized that a party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and risk of irreparable harm, with a failure to do so justifying dismissa....
In property disputes involving conflicting claims, the court must evaluate the evidence presented to determine the balance of convenience and the necessity for a trial to resolve ownership issues.
In a suit for injunction, the burden lies on the plaintiffs to prove prima facie case, balance of convenience, and irreparable loss, failing which the appeal may be dismissed.
The court emphasized the necessity of establishing a prima facie case, balance of convenience, and irreparable injury for granting a temporary injunction, highlighting the trial court's failure to ad....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
