Karnataka High CourtCivil Procedure and EvidenceAdministrative and Public Law

Unrebutted RTC entries carry a presumption of correctness at the interim injunction stage.

ONKARAPPA C.V.v.SRI K N MAHESH,

Unrebutted RTC entries carry a presumption of correctness at the interim injunction stage.. ONKARAPPA C.V. vs SRI K N MAHESH,. Karnataka High Court. LawLens
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In brief

The question

Whether the concurrent orders granting temporary injunctions warranted interference under Article 227 of the Constitution

The court held

The Court held that the concurrent injunction orders disclosed no error or infirmity warranting interference under Article 227.

It also directed

dismissed all three writ petitions

It requested the trial court to expedite the suits, so far as practicable, avoid unnecessary adjournments, and proceed in accordance with law.

01Facts

The petitioners challenged concurrent orders granting temporary injunctions in three separate suits for permanent injunction.

pp. 2–5 · ¶ 1

The trial court orders dated 7 December 2024 restrained the defendants from interfering with the plaintiffs’ possession of the respective suit properties; the appellate court affirmed those orders on 30 April 2026.

pp. 2–5 · ¶ 1

The petitioners relied on revenue records and affidavits from neighbouring landowners to assert their own possession, and alleged that the plaintiffs’ RTCs had been manipulated.

¶ 2–3, 5–8

The plaintiffs relied on RTC entries recording their possession.

¶ 2–3, 5–8

02Issues

i.Whether the concurrent orders granting temporary injunctions warranted interference under Article 227 of the Constitution

¶ 1, 5–10

ii.Whether the petitioners’ contrary revenue records and neighbouring landowners’ affidavits displaced the plaintiffs’ RTC entries at the interlocutory stage

¶ 5–9

03Law Applied

The Court considered the applications for temporary injunction under Order XXXIX Rules 1 and 2, read with Section 151 of the Code of Civil Procedure, 1908, which empower the civil court to grant interim injunctive relief.

¶ 5

It treated the plaintiffs’ RTCs as carrying a statutory presumption of correctness and held that, absent cogent material rebutting that presumption, reliance on those records was justified.

¶ 8

In exercising supervisory jurisdiction under Article 227, the Court considered whether the concurrent orders disclosed an error or infirmity warranting interference.

¶ 10

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Civil Procedure, 1908 Section 151

04Reasoning

Both courts below had considered the material and relied on RTCs showing the plaintiffs’ possession.

¶ 6

The petitioners’ allegation that those entries were manipulated was unsupported by corroborative material, and they had not initiated proceedings challenging the alleged fabrication.

¶ 7

The Court therefore found no basis to displace the RTCs’ presumed correctness.

¶ 8

It also agreed that the neighbouring landowners’ affidavits did not merit significant weight at the interlocutory stage, while the evidentiary value and correctness of the petitioners’ conflicting revenue documents remained matters for trial.

¶ 8–9

The authorities cited by the petitioners did not assist them in the circumstances of the case.

¶ 11

05Holding

The Court held that the concurrent injunction orders disclosed no error or infirmity warranting interference under Article 227.

¶ 10, 12

dismissed all three writ petitions

¶ 12

It requested the trial court to expedite the suits, so far as practicable, avoid unnecessary adjournments, and proceed in accordance with law.

¶ 14
Karnataka High Court

Original Court PDF

ONKARAPPA C.V.vsSRI K N MAHESH,

Karnataka High Court · September 22, 2026

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