Facts
The respondents, as plaintiffs in O.S. No. 200/2024, sought a declaration and an interim injunction restraining the petitioner-defendant from interfering with their possession of Sy. No. 218, Gangapura Village. They claimed through a registered sale deed dated 14 November 1963 executed by Ramappa in favour of their grandfather, Pillappa.
Source reference: p. 2–4The petitioner claimed through vendors who had purchased the property from Ramappa’s family under a registered sale deed dated 14 December 2021, and relied on revenue entries in the vendors’ names; the petitioner also pointed to a 1986 re-grant in favour of Ramappa’s wife.
Source reference: p. 2–4The Trial Court rejected the plaintiffs’ injunction application, but the First Appellate Court allowed their appeal and granted an injunction.
Source reference: p. 3The petitioner challenged that order under Article 227 of the Constitution.
Source reference: p. 2The respondents also relied on O.S. No. 229/1989, a partition suit in which Sy. No. 218 was included and the claim to it was rejected; that finding had attained finality.
Source reference: p. 4–6Issues
1. Whether the First Appellate Court was justified in granting an interim injunction restraining the petitioner from interfering with the respondents’ possession and enjoyment of Sy. No. 218
Source reference: p. 3, 6–72. Whether the Trial Court’s reliance on revenue records, despite the registered sale deed and the final outcome of the earlier partition suit, provided a sufficient basis to deny interim injunctive relief
Source reference: p. 4, 6–7Law Applied
The Court considered the application for interim protection under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure and the petitioner’s challenge under Article 227 of the Constitution.
Source reference: p. 2–3It applied the principle that revenue entries, by themselves, do not establish title and cannot alone justify denying an injunction when registered sale deeds are on record.
Source reference: p. 7It also treated the final rejection of the petitioner’s predecessor’s claim to the property in the earlier partition suit as material to the claimed title of the petitioner’s vendors.
Source reference: p. 6No judicial precedents were cited in the order.
Source reference: no citationReasoning
The Court noted that the respondents relied on the 1963 registered sale deed and that the petitioner claimed through persons connected to V. R. Suryanarayana, whose claim to Sy. No. 218 had been rejected in O.S. No. 229/1989; that finding had attained finality.
Source reference: p. 5–6In that context, the petitioner’s vendors could not establish a right to the property merely by relying on revenue entries.
Source reference: p. 6The Court therefore held that the Trial Court’s reliance on those entries was insufficient to deny an injunction and that the First Appellate Court had properly considered the documentary material in granting relief.
Source reference: p. 7Holding
The Court declined to interfere with the First Appellate Court’s order under Article 227 and dismissed the writ petition.
The injunction restraining the petitioner from interfering with the respondents’ peaceful possession and enjoyment of the suit property remained in force.
Source reference: p. 7–8Original Court PDF
SRI. DHANAPRAKASH MvsSRI. SRINIVASA GOWDA
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