NARASAMMA Vs. D.S. NARASI REDDY

JUDGEMENT

(1.) In suits instituted for grant of permanent prohibitory injunction relating to immovable properties, whether issue of title will be directly and substantially in issue, is the question that needs an answer in this writ petition. Answer: In a suit for Injunction simpliciter, there is no need to frame any issue relating to title as issue of title will not be directly and substantially in issue except where the suit property is a vacant site or a vacant non-agricultural land and a cloud is raised over the plaintiffs title in respect of such vacant site or land.

(2.) I have heard the learned counsel for the parties and perused the impugned order. Learned counsel for the petitioners submitted that, though the suit is only for grant of permanent Injunction, as the petitioners-defendants have disputed the plaintiffs' title to the suit property, the trial Court ought to have framed an issue regarding title of the suit land. In support of his submission, he relied on a two Judge Bench decision of the Supreme Court in Anathula Sudhakar v. P. Buchi Reddy, 2008 4 SCC 594].

(3.) In my opinion, the impugned order is in conformity with the decision of the Supreme Court in Anathula Sudhakar wherein the Supreme Court has summarized the position of law in regard to suits for prohibitory injunction relating to immovable properties in the following words: