Sri P M Mahalingappa, v. Sri M Devendrappa
Case brief
What is this about?
RSA No. 938 of 2024, High Court of Karnataka at Bengaluru, decided 13 October 2025 by Justice Anant Ramanath Hegde. Second appeal under Section 100 CPC against concurrent findings in a bare injunction suit (OS.No. 385/2017, decreed 23.12.2021; RA.No.10/2022 dismissed 16.01.2024). Dispute over Sy.No.89/1, Kodihalli Village, Bhadravathi Taluk - 10 guntas decreed versus defendant's claim of 2.5 guntas encroached. Held: decree confined to scheduled 10 guntas; no substantial question of law; appeal dismissed; defendant free to pursue separate remedy, merits of 2.5 guntas claim left open. Keywords: bare injunction, encroachment, grant certificate, concurrent findings, Section 100 CPC, substantial question of law.
What did the court decide?
None; the second appeal is dismissed with observations that the appellant may seek appropriate remedy in law if he alleges unauthorised occupation of the 2.5 guntas, and that nothing is expressed on the merits of the defendant's claim over the said 2.5 guntas.