SRI HANUMANTHAPPA versus SRI MUNINARAYANAPPA

SRI HANUMANTHAPPA versus SRI MUNINARAYANAPPA

An injunction cannot be granted against a person who is in lawful possession of property as owner following a compromise decree in a partition suit; respondent's purchase during pendency does not defeat appellant's title or possession.

Parties
Appellant: Sri Hanumanthappa; Respondent: Sri Muninarayanappa
Jurisdiction
India
Judgment Date
07 October 1996
Procedural Posture
Civil Appeal / Appeal Against Order of the High Court in Revision Petition
Outcome
Appeal allowed
Legal Topics
Injunction, Possession of Property, Compromise Decree, Partition Suit
Property Law Civil Procedure Injunction Possession of Property Compromise Decree Partition Suit

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Parties

Sri Hanumanthappa

Appellant

Sri Muninarayanappa

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order of the High Court in Revision Petition

Legal Issues

  1. 1 Whether injunction can be issued against a lawful owner of property in possession after a compromise decree in a partition suit

Ratio Decidendi

An injunction cannot be granted against a person who is in lawful possession of property as owner following a compromise decree in a partition suit; respondent's purchase during pendency does not defeat appellant's title or possession.

Court Disposition

Appeal allowed

Orders

  • Orders of the courts below set aside
  • No order as to costs