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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
HANCHATE SANJEEVKUMAR
K. Mahalakshmi, D/o. Late Krishmamachar – Appellant
Versus
Raji Bai, W/o. Late Shantilal Mutha – Respondent
| Table of Content |
|---|
| 1. basis for seeking temporary injunction (Para 2 , 3 , 4 , 5 , 6) |
| 2. defendants claim title and possession (Para 7 , 8 , 10) |
| 3. plaintiffs argue for their claimed possession (Para 9 , 11 , 21) |
| 4. considerations for injunction and possession (Para 12 , 29) |
| 5. legal standards and principles governing injunctions (Para 13 , 14 , 15 , 16 , 17 , 19 , 28) |
| 6. final judgment and order (Para 30 , 31) |
JUDGMENT :
HANCHATE SANJEEVKUMAR, J.
Though the appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal.
2. The appeal is filed by the appellants/plaintiff Nos.1 to 6 questioning the order passed on I.A.Nos.2 to 4 filed under Order XXXIX Rule 1 and 2 of CPC in O.S. No.1175/2024 dated 14.11.2024 by the Court of II Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, whereby I.A.Nos.2 to 4 are dismissed.
3. I.A.No.2 is filed under Order XXXIX Rule 1 and 2 of CPC for grant of an order of temporary injunction restraining the defendants from interfering and dispossessing the plaintiffs from the suit schedule properties, who are stated to be settled lawful possession.
4. I.A.No.3 is filed under
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....
A decree would be binding on the parties to the suit and not on third party.
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 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.
A suit for permanent injunction is not maintainable when the defendant raises a genuine dispute regarding the plaintiff's title, and the plaintiff fails to prove lawful possession.
A party seeking a temporary injunction must establish lawful possession, a prima facie case, balance of convenience, and irreparable injury.
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....
Discretion exercised by the Court below in passing the order under challenge is neither arbitrary, capricious nor perverse and it is adhering to the settled principles of law regulating grant of refu....
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
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