Suit for injunction - Title deciding of scope -plaintiffs have expressed apprehension in relation to their title It cannot be said suit is only for grant of permanent injunction simpliciter - Issue of title having surfaced in the relief clause, same is of some significance over the rights of the parties while considering the grant of reliefs.

Citation

2017-5-L.W. 490

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION

18th April, 2017

Civil Appeal No.5459 of 2007 (From the Judgment and Order dated 8.3.2006 of the High Court of Kerala at Ernakulam, in S.A.No.180/92D & 475 of 1992)

R.K.Agrawal, J., and Abhay Manohar Sapre, J.

Velayudhan & others....Appellants

versus

Mohammedkutty & ors. ...Respondents

C.P.C., Section 100, Injunction, Title, deciding of, scopePleading Injunction, Relief claimed, grant of, scope

Injunction/Permanent injunction, Title, issue of, whether arises

Suit for injunction - Title deciding of scope -plaintiffs have expressed apprehension in relation to their title It cannot be said suit is only for grant of permanent injunction simpliciter - Issue of title having surfaced in the relief clause, same is of some significance over the rights of the parties while considering the grant of reliefs -Para 14Issue of title is not wholly foreign to the controversy and is relevant while considering the grant of permanent injunctionPara 15