Suresh S v. Vs Smt. S.v.Uma
Case brief
What is this about?
RFA No. 947 of 2010 (PAR/INJ), High Court of Karnataka at Bengaluru, decided 19.01.2026 by Justice Sachin Shankar Magadum. Appeal by unsuccessful plaintiff (Suresh S.V) against dismissal of O.S.1427/2005 by XXV-Addl. City Civil Judge, Bangalore (decree dated 11.03.2010). Suit for injunction simpliciter founded on registered Release Deed (Ex.P1) executed via GPA holder J. Ashwathnarayan under POA dated 04.10.2004; respondents (Smt. S.V. Uma and Sri. V. Vinay) claimed under Will dated 11.02.1984 and alleged fabrication of the release deed. Key themes: burden of proving possession in injunction simpliciter suits; insufficiency of a bare title deed without possession evidence; effect of defendant's evidence being discarded for non-submission to cross-examination; contemporaneous possession documents (electricity bills, cash bills, receipts, telegrams, invitation cards Exs.D1–D9; photographs Exs.D13–D22); non-mutation of revenue records; plea of perversity against trial court findings. Outcome: appeal dismissed, no amounts awarded.