Mallamma v. Jayamma
Case brief
What is this about?
NC: 2025:KHC:4831 — RSA No. 844 of 2015 (INJ), High Court of Karnataka at Bengaluru, K. Natarajan J., decided 03.02.2025. Second appeal under S.100 CPC against concurrent perpetual-injunction decrees (O.S.No.348/2014, Addl. Civil Judge & JMFC Channarayapatna, 11.12.2013; R.A.No.229/2014, Fast Track Court, 23.01.2015). Held: no substantial question of law; a bare injunction suit requires proof of lawful possession only (revenue records, tax assessment register, tax paid receipt, licence, Ex.P.16/17 — decree dated 20.11.2004 in OS.No.327/2004 attained finality); appellant/defendant No.3, having suffered earlier decrees (OS.No.492/88 dismissed for non-prosecution; OS.No.327/2004 dismissed on merits), barred from reclaiming the same property. Appeal dismissed; both judgments confirmed. Keywords: substantial question of law, bare injunction, lawful possession, finality of prior decree.