SADIQ KHAN Vs. MANAGER DCB BANK

JUDGEMENT

(1.) Challenging judgment and decree dtd. 26/11/2025 passed in RA no.162/2025 passed by Principal Judge, Family Court, Tumakuru, confirming order dtd. 19/11/2024 passed by VI Additional Civil Judge and VII JMFC, Tumakuru, on IA no.IV in OS no.193/2024, this appeal is filed. And for sake of convenience parties would be referred as per their ranks before trial Court.

(2.) Sri VB Siddaramaiah, learned counsel for appellant submitted appeal was by plaintiff in OS no.193/2024 filed for relief of permanent injunction restraining defendant from interfering with plaintiff's peaceful possession and enjoyment of site no.34, Khata no.3852/34 (old Khata no.3852), E-Swathu no.152500904100320471 of Heggere Grama Panchayat (hereinafter referred to as 'Suit Property'). In plaint, it was stated, after plaintiff acquired title and possession over suit property under registered sale deed dtd. 23/8/2016, his name was entered in revenue records and he was paying tax.

(3.) Later, he also got constructed an RCC roofed house after obtaining licence/building plan approval from concerned authorities and was residing with family members therein. It was stated, defendant had sanctioned loan of Rs.11,61,116.00 to plaintiff on execution of Memorandum of Deposit of Title Deeds on 5/4/2018, agreeing to recover same with interest in 180 monthly installments. However, plaintiff faced financial crisis during Covid-19 pandemic and made request to defendant. And, though agreed, defendant went against same and attempted to recover balance installments of loan amount by interfering with plaintiff's peaceful possession and enjoyment of suit property.