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R. N. MANJULA
C. Delli Kumar – Appellant
Versus
Poomalai Housing Pvt. Ltd. – Respondent
JUDGMENT :
(R.N. Manjula, J.)
The plaintiffs are the appellants herein. The plaintiffs filed a suit in O.S.No.8975 of 2008 for the relief of permanent injunction against the defendants restraining them from altering the physical features of the suit property. The trial Court had dismissed the said suit. Aggrieved over the same, the plaintiffs preferred a First Appeal in A.S.No.313 of 2012 before the First Appellate Court. However, the First Appellate Court has dismissed the First Appeal and confirmed the judgment of the trial Court. Hence, the plaintiffs have filed the present Second Appeal before this Court.
2. The short facts pleaded by the plaintiffs in the plaint are as under:
The plaintiffs' mother filed a suit in O.S.No.5445 of 1990 for partition and separate possession of 1/5th share in the suit property, in which, a preliminary decree was passed on 27.09.2001. After the preliminary decree was passed, the plaintiffs' mother died. Thereafter, as her legal heirs, the plaintiffs filed an application in I.A.No.2117 of 2003 for final decree and the final decree was passed on 08.01.2004. The plaintiffs filed E.P.No.820 of 2005 for execution of the final decree. In the meantime, it w
Amendments to final decrees must involve notice to all interested parties; failure to notify renders amendments non-binding.
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
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....
A permanent injunction cannot be granted against co-owners without establishing clear possession or valid title, especially when title is disputed.
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.
A preliminary decree in partition cases cannot be reopened during final decree proceedings, ensuring established determinations are upheld.
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
The main legal point established in the judgment is that a suit for permanent injunction may not be legally sustainable without seeking the relief of declaration of title, especially when the plainti....
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