MARY JOSEPH, J.
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R.S.A. No. 408 of 2021
and
I.A. No. 1 of 2021
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Dated this the 2nd day of June, 2021
ORDER
According to the learned counsel, the Apex Court has held in Anathula Sudhakar v.P.Buchi Reddy (Dead) By LRs and Others (AIR 2008 SC 2033) : "As a suit for injunction simpliciter is concerned only with possession, normally the issue of title will not be directly and substantially in issue. The prayer for injunction will be decided with reference to the finding on possession. But in cases where de jure possession has to be established on the basis of title to the property, as in the case of vacant sites, the issue of title may directly and substantially arise for consideration, as without a finding thereon, it will not be possible to decide the issue of possession."
According to the learned counsel, the plaint schedule property in respect of which injunction simpliciter is sought being a vacant land, without a finding on title, issue of possession, the basic ingredient to be established, will not be possible to be decided. But, the trial court as well as appellate court found against the above dictum. In the above R.S.A. No. 408 of 2021 and I.A. No. 1 of 2021 -:2:- circumstances, the appeal stands admitted. Notice is ordered against respondents by speed post.
I.A. No. 1 of 2021 There shall be a temporary stay of operation of judgments under challenge for a period of two months.
Sd/-
MARY JOSEPH, JUDGE MJL