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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
B K Srinivasa, S/O Late Krishanappa – Appellant
Versus
Suresh Babu A., S/O Mr.Ananda Reddy – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
Both these appeals arise out of the impugned common judgment and decree dated 14.11.2024 passed in O.S.No.25028/2022 and O.S.No.25029/2022, whereby the said suits filed by the respondent – plaintiff against the appellants – defendants was decreed by the trial court in favour of the respondent – plaintiff against the appellants – defendants.
2. A perusal of the material on record will indicate that the respondent – plaintiff filed the instant suits for permanent injunction and for other reliefs against the appellants in relation to the suit schedule immovable property involved in both the suits. The said suits having been contested by the appellants – defendants, the trial court proceeded to pass the impugned common judgment and decree, decreeing the suits filed by the respondent against the appellants, as hereunder:-
ORDER
The suit of the plaintiffs in OS.No.25028/2022 and OS.No.25029/2022 are hereby decreed with costs.
The defendants are hereby restrained from interfering with the plaintiffs peaceful possession and enjoyment of both suits schedule properties.
Draw Decree accordingly.”
3. Heard learned Senior counsel for the appellants and learned counsel
The appellate court upheld the lower court's decree for injunction and permitted ongoing construction by the respondent, subject to the final decision in a related suit.
Appellate courts can reverse trial court decisions if there's a clear misinterpretation of law or evidence, particularly concerning property title and possession.
Possession is critical for granting permanent injunctions even in the presence of title disputes, as affirmed by the Courts' findings regarding the plaintiff's established possession.
A plaint cannot be rejected based on the defendants' defenses; only the plaint and accompanying documents should be considered.
Possession established through valid title, even against unauthorized occupants, warrants legal protection; trial court's dismissal was erroneous due to failure to recognize ownership evidence.
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.
Ownership established through title documentation is pivotal in determining rightful possession; injunctions are warranted when prima facie evidence supports legal entitlement.
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