HAVAPPALA THIRUKAPPA Vs. B.ANNAPURNAMMA

JUDGEMENT

(1.) This matter is listed for admission and I have heard the learned counsel for the appellants.

(2.) Learned counsel appearing for the appellants would submit that both the Courts have held that plaintiffs have not proved the title and once the title has not been proved, granting of injunction in favour of the plaintiffs is erroneous.

(3.) Learned counsel for the appellants, in support of her argument, relied upon the judgment of the Apex Court in PADHIYAR PRAHLADJI CHENAJI (DECEASED) THROUGH LEGAL REPRESENTATIVES VS. MANIBEN JAGMALBHAI (DECEASED) THROUGH LEGAL REPRESENTATIVES AND OTHERS reported in (2022) 12 SCC 128. The counsel brought to notice of this Court Para Nos.24 and 26 contending that once the Court comes to the conclusion that title has not been proved, granting of injunction in favour of the plaintiffs is not sustainable in law.