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KARNATAKA HIGH COURT
M.G.S. KAMAL, J
SHRI. SHIVANAND S/O. RAMAPPA TALAWAR, SHRI. SADANAND S/O. RAMAPPA TALAWAR – Appellant
Versus
SMT. SUSHILAVVA W/O. RAMAPPA ALABAL, SMT. KALAWATI @ KAMALAVVA W/O. MUTTAPPA ALABAL – Respondent
| Table of Content |
|---|
| 1. plaintiffs’ claim for injunction based on property ownership. (Para 1 , 2) |
| 2. defendants allegedly locked plaintiffs out of property. (Para 3 , 6) |
| 3. courts require specific evidence for injunction claims. (Para 8 , 11) |
| 4. mandatory injunction cannot be granted without substantial proof. (Para 9 , 10 , 12) |
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
1. This appeal is by the plaintiffs aggrieved by the judgment and decree dated 09.12.2022 passed in OS No.1/2021 on the file of Principal Civil Judge and JMFC, Jamkhandi (for short, ‘Trial Court’) in terms of which the suit of the plaintiffs seeking relief of mandatory injunction is dismissed which is confirmed by judgment and decree dated 29.09.2023 passed in RA No.7/2023 on the file of Principal Senior Civil Judge and JMFC, Jamkhandi (for short, ‘First Appellate Court’).
2. Case of the plaintiffs is that; (a) one Bhimappa and Shivappa Talawar were the sons of Ramappa Talawar and also the owners of property bearing CTS No.1150, measuring 25.92 square metres situated at Mudhole Galli, Jamkhandi having purchased in terms of registered deed of sale date 05.11.1960. That Bhimappa passed away on 15.05.1992 leaving behind him hi
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