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THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SRI T KARIYAPPA – Appellant
Versus
SRI P V DAMODAR – Respondent
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
REGULAR FIRST APPEAL NO.103 OF 2023 (INJ)
BETWEEN:
SRI T. KARIYAPPA
S/O LATE THIMMAIAH,
AGED ABOUT 56 YEARS,
R/AT NO.97, RACHENAHALLI,
ARABIC COLLEGE POST,
BENGALURU-560 045. …APPELLANT
(BY SRI T. SESHAGIRI RAO, ADVOCATE)
AND:
SRI P.V. DAMODAR
S/O P.R. VENKAPPAIAH, AGED ABOUT 64 YEARS,
RESIDING AT NO.124,
II CROSS, VARMA LAYOUT,
Digitally signed by BHUVANESHWARINAGAR,
MAHALAKSHMI B M BENGALURU-560 057. …RESPONDENT
Location: HIGH
COURT OF
(BY SRI RANJAN KUMAR K., ADVOCATE)
KARNATAKA
THIS RFA IS FILED UNDER ORDER 41 RULE 1 R/W SECTION 96
OF CPC AGAINST THE JUDGMENT AND DECREE DATED 25.11.2022 PASSED IN O.S.NO.16949/2006 ON THE FILE OF THE 73RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYOHALL UNIT,
BENGALURU, DECREEING SUIT FOR INJUNCTION.
THIS APPEAL COMING ON FOR DICTATING JUDGMENT, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
This Regular First Appeal is filed by the defendant against the judgment and decree dated 25.11.2022 passed in O.S.No.16949/2006 on the file of LXXIII Additional City Civil and Sessions Judge, Ma
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 ....
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
Judgments in appeal can only be overturned when proved unjust; proper possession and legal title must be substantiated through evidence.
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
A plaintiff must establish title to obtain consequential relief of injunction; mere possession is insufficient if title is denied.
In a suit for injunction against interference, absence of a substantial challenge to the plaintiff's title allows the suit to stand without a concurrent request for title declaration.
A suit for injunction cannot be maintained without proving lawful possession and title, especially when there are competing claims and clouds over the title.
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