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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
A. Vijaya Kumari – Appellant
Versus
A. Narahari Rao – Respondent
| Table of Content |
|---|
| 1. establishing lawful possession requires valid title. (Para 3 , 4 , 6) |
| 2. appellate review limited to substantial legal questions. (Para 8 , 9 , 10) |
| 3. title examination is normal in injunction suits. (Para 12 , 13) |
JUDGMENT :
RENUKA YARA, J.
1. Heard Sri A. Venkatesh, learned Senior Counsel representing Sri Sriram Polali, learned counsel for the appellant on admission. Perused the entire record.
2. This Second Appeal is preferred by the appellant/appellant/plaintiff aggrieved by the common judgment and decree dated 02.04.2025 in A.S.No.173 of 2022 (Old A.S.No.02 of 2019) and I.A.No.1284 of 2023 and I.A.No.1370 of 2024 and I.A.No.1285 of 2023 on the file of the learned I Additional District Judge, Medchal-Malkajgiri District at Kushaiguda, (‘First Appellate Court’), wherein the appeal was dismissed confirming judgment and decree dated 26.11.2018 in O.S.No.695 of 2012 on the file of the Principal Senior Civil Judge at L.B. Nagar, Ranga Reddy District, (‘Trial Court’), wherein suit filed for perpetual injunction against the respondents/respondents/ defendants, has been dismissed.
3. The brief facts of the case are that the appellant filed suit for perpetual injunction agai
The court affirmed that in seeking an injunction over immovable property, examination of title is necessary if challenged by the opposing party.
A suit for injunction is not maintainable if the plaintiff has knowledge of unclear title issues and the vendors lack the right to convey property.
In a second appeal, the court cannot overturn concurrent factual findings of lower courts without proof of legal error or perversity, stressing the burden of proof on the claimant regarding possessio....
The main legal point established in the judgment is that a plaintiff cannot claim injunction against the true owner without lawful possession and title.
In a suit for perpetual injunction, the plaintiff's possession prevails over claims of title disputes, emphasizing the need for factual evidence of possession rather than just title claims.
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