The court upheld plaintiffs' claim for permanent injunction based on established possession, reinforcing that title disputes should be pursued separately.

ORAL JUDGMENT

This appeal is by the defendants being aggrieved by the judgment and decree dated 19.03.2012 passed in O.S.No.2043/2007 on the file of XI Additional City Civil Judge, Bangalore City (hereinafter referred to as 'the Trial Court'), by which the said suit for permanent injunction has been decreed.

2. Subject matter of the suit are the following five residential sites :

SCHEDULE-A

All that piece and parcel of property bearing site No:1063, HMT Employees Co-operative House Building Society Ltd, has layout Nagasandra Nelakadhirenahally Village, Yeswanthapura Hobli, Bangalore Village formed the in and North Taluk, measuring East to West 71+68/2 feet and North to South 30 feet and being bounded on the

East by: Road,

West by: Private Property,

North by: Site No:1064,

South by: Site No:1062.

SCHEDULE-B

All that piece and parcel of property bearing site No:1056, HMT Employees Co-operative House Building Society Ltd, has formed and the layout in Nagasandra Village Nelakadhirenahally Village, Yeswanthapura Hobli, Bangalore North Taluk, measuring East to West 84+82/2 feet and North to South 30 feet and being bounded on the

East by: Road,

West by: Private Property,

North by: Site No:1057,

South by: Site No:1055.

SCHEDULE-C

All that piece and parcel of property bearing site No:1058, HMT Employees Co-operative House Building Society Ltd, has Layout Nagasandra Village Nelakadhirenahally Village, Yeswanthapura Hobli, Bangalore formed the in and North Taluk, measuring East to West 78+80/2 feet and North to South 30 feet and being bounded on the

East by: Road,

West by: Private Property,

North by: Site No:1059,

South by: Site No:1057.

SCHEDULE-D

All that piece and parcel of property bearing site No:1064. HMT Employees Co-operative House Building Society Ltd, has formed layout Nagasandra Village Nelakadhirenahally Village, Yeswanthapura Hobli, Bangalore North Taluk, measuring East to West 68+67/2 feet and North in to South 30 feet and being bounded on the

East by: Road,

West by: Private Property,

North by: Site No:1065,

South by: Site No:1063.

SCHEDULE-E

All that piece and parcel of property bearing site No:1054. HMT Employees Co-operative House Building Society Ltd, has formed the In Village and layout Nagasandra Nelakadhirenahally Village, Yeswanthapura Hobli, Bangalore North Taluk, measuring East to West 85+83.9/2 feet and North to South 30 feet and being bounded on the

East by: Road,

West by: Private Property,

North by: Site No:1055,

South by: Site No:1053.

3. Case of the plaintiffs in brief is that the HMT Employees' Co-operative House Building Society Ltd., (hereinafter referred to as 'Society') had formed a layout consisting of sites of various dimensions in the lands situated at Nagasandra Village and Nelakadirenahalli Village, Yeshwantapur Hobli, Bengaluru North Taluk. That the plaintiffs were allotted schedule sites and pursuant thereof, deeds of sale have also been executed by the society in their favour. Names of the plaintiffs have been mutated in the revenue records and they have been paying the property tax. Thus, they have been in possession and enjoyment of the scheduled sites as absolute owners thereof.

4. That the defendants are the residents of the neighboring village and are strangers to the schedule sites. Without having any right, title or interest thereof, making attempts to interfere with the peaceful possession and enjoyment of the scheduled sites by the plaintiffs. That on 29.01.2007, defendants attempted to trespass into the scheduled sites and tried to form a road thereon, which illegal act was resisted by the plaintiffs. They also approached the Jurisdictional Police by filing a complaint. Again on 05.03.2007, defendants attempted to interfere with the peaceful possession and enjoy