Y Manjunath v. Smt Shivamma @ Rudramma
Case brief
What is this about?
Karnataka High Court, Bengaluru; RFA No.1953 of 2023 (INJ); Justice K.S. Hemalekha; decided 20.08.2025. Permanent injunction refused between co-owners of undivided joint family property (Sy. No. 105/3, Bengaluru): palupatti/partition not proved; sale deed executed by GPA holder invalid as proof of title/exclusive possession where GPA not produced or proved; revenue records (RTC, encumbrance certificates) do not confer title or prove possession; injunction against co-owner requires established exclusive possession. Related partition suits: O.S.7860/2014 (pending), O.S.8570/2004, O.S.368/2001 (withdrawn). Relevant to injunction suits by co-owners, evidentiary weight of revenue records, and unproved GPA conveyances.
What did the court decide?
Regular First Appeal allowed; judgment and decree of the trial Court in OS No.7755/2019 set aside; suit OS No.7755/2019 dismissed; observations recorded not to impede independent decision of pending suit O.S.7860/2014 de hors the findings in this appeal.