Pakkath Divakaran vs Manhabrayakath ...
2021 Latest Caselaw 12700 Ker

                          MARY JOSEPH, J.
                 ------------------------
                       R.S.A. No. 408 of 2021
                                  and
                            I.A. No. 1 of 2021
                 ------------------------
                  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

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