IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR REGULAR FIRST APPEAL NO.1896 OF 2010
(RESPONDENT NO.1 – DEAD RESPONDENT NO.2 – DISMISSED AS ABATED MR.H.R.ANANTHA KRISHNAMURTHY, ADVOCATE FOR RESPONDENT NOS.3 AND 4) ***** THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96, ORDER XLI, RULE 1 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.9.2010 PASSED IN O.S. NO.207/2001 ON THE FILE OF THE XXV ADDL. CITY CIVIL JUDGE, BANGALORE, DISMISSING THE SUIT FOR PERMANENT INJUNCTION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
JUDGMENT Heard the learned counsel for the appellant.
2. Aggrieved by the judgment and decree dated 16.9.2010, in O.S.No.207/2001 on the file of XXV Additional City Civil Judge, Bengaluru, dismissing the suit for permanent injunction, the plaintiff has preferred this appeal.
3. The plaintiff’s case is that on 20.1.1987, the defendant No.1 executed an agreement of sale in his favour and put him in physical possession of the suit property. It is also stated that the defendant No.1 received the sale consideration of `60,000/- from the plaintiff. It is stated that the defendant Nos.2 to 4 also executed a General Power of Attorney in favour of the plaintiff empowering him to sell the suit property and to pay taxes, layout charges, betterment charges, development charges, etc. Since the defendants interfered with the plaintiff’s possession, he filed a suit for injunction.
4. The defendants filed written statement, but failed to cross-examine PW1. The Trial Court having appreciated the evidence came to the conclusion that the plaintiff was not able to prove his possession on the date of suit.
5. On perusal of the judgment of the Trial Court, I find that it has come to a right conclusion to dismiss the suit. In a suit for injunction, the plaintiff has to establish his possession on the date of suit. Except, the sale agreement, the plaintiff did not produce any other document to show he was in possession of the suit property on the date of suit. In these circumstance, I do not find any infirmity in the judgment. There is no merit. The appeal is dismissed.
Sd/- JUDGE AHB