Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court
2 years, 10 months ago

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court

Live Law  

The Karnataka High Court has said that in a suit relating to grant of injunction in respect of an immovable property, the right to sue is not personal to the plaintiff but survives to his legal representative and the suit for injunction would not therefore abate on the death of the parties. Referring to Section 2 of CPC, which is in regards to legal representatives, the bench said, "A person in whose favour the rights of a property devolve by operation of law or by way of a testament would be a legal representative since he acquires a right to intermeddle with the estate of the deceased. Thus, it is clear that in a suit relating to the grant of a perpetual injunction in respect of an immovable property, the right to sue is not personal to the plaintiff but survives to his legal representative and the suit for injunction would not therefore abate." The bench also referred to Section 306 of the Indian Succession Act and said that in a suit for injunction in relation to an immovable property, the legal representative of the deceased would enjoy the relief that the original party would have been entitled to by virtue of the succession or inheritance in their favour and thus the suit would not abate and would have to be continued by bringing the legal representatives of the deceased on record.

Personal Property Court Right Suit Kar Person Plaintiff Injunction Immovable Property Legal Representative His Legal Representative  immovable  personal  plaintiff  right  defendant  karnataka  suit  property  parties  respect  high  death  court  legal  representative  injunction  person

History of this topic

Revenue Officials Refusing To Give Effect To Injunction Order On Premise That They Are Not Party To Suit Condemnable, Defies Logic: Karnataka HC
1 month ago

Revenue Officials Refusing To Give Effect To Injunction Order On Premise That They Are Not Party To Suit Condemnable, Defies Logic: Karnataka HC

Live Law  

The Karnataka High Court has said that Revenue authorities act as custodians of land records and are duty bound to comply with injunction orders passed by the civil court even when they are not a party to the suit. Revenue officials declining to give effect to injunction orders on the premise that they are not parties to the suit defies …

How Karnataka's 'right to die with dignity' initiative is life-changing
1 month, 1 week ago

How Karnataka's 'right to die with dignity' initiative is life-changing

India Today  

Karnataka has become the first Indian state to issue orders to implement the Supreme Court’s directive of 2023 regarding a patient’s right to die with dignity. A dignified death is every person’s right: The absence of a Right to Die law can prolong unnecessary suffering for terminally ill patients, forcing them to endure severe pain and loss of dignity. Right …

What is Karnataka’s ‘historic’ order on ‘right to die with dignity’?
1 month, 2 weeks ago

What is Karnataka’s ‘historic’ order on ‘right to die with dignity’?

Firstpost  

The Karnataka government has called for establishing medical boards in hospitals across the state to ensure the right to die with dignity for terminally ill patients, complying with the Supreme Court’s 2023 order. While ‘passive euthanasia’ is legal in India, the concept of living wills has yet to gain ground Karnataka's order will ensure the right to die with dignity …

Karnataka to implement Supreme Court’s directive for patient’s ‘right to die with dignity’. All you need to know
Trending News
1 month, 2 weeks ago

Karnataka to implement Supreme Court’s directive for patient’s ‘right to die with dignity’. All you need to know

Live Mint  

Karnataka Health Minister Dinesh Gundu Rao on Friday said that the state health department has issued a groundbreaking order to enforce the Supreme Court's ruling on a patient's right to die with dignity. “My Karnataka Health Department, @DHFWKA, passes a historic order to implement the Supreme Court's directive for a patients Right to Die with dignity,” he said. "We have …

Karnataka Implements 'Right-To-Die With Dignity' Policy: What Does It Mean?
1 month, 2 weeks ago

Karnataka Implements 'Right-To-Die With Dignity' Policy: What Does It Mean?

ABP News  

The Karnataka Health Department has officially implemented the Supreme Court’s directive that allows terminally ill patients the right to die with dignity. “This will immensely benefit those who are terminally ill, have no hope of recovery, or are in a persistent vegetative state, where life-sustaining treatment is no longer benefits from life-sustaining treatment,” he said. This will immensely benefit those …

Karnataka enacts SC order on right to die with dignity
1 month, 2 weeks ago

Karnataka enacts SC order on right to die with dignity

Hindustan Times  

The Karnataka health department has issued orders to implement the Supreme Court’s 2023 directive regarding a patient’s right to die with dignity, becoming the first state to do so. Karnataka enacts SC order on right to die with dignity In orders issued on Thursday, the health department appointed medical experts to the secondary medical board to decide when life-sustaining treatment …

Karnataka now allows dignified death for the terminally ill
Top News
1 month, 3 weeks ago

Karnataka now allows dignified death for the terminally ill

The Hindu  

In a historic move, the Karnataka Health Department, on January 30, 2025, issued an order to implement the Supreme Court’s ruling allowing terminally ill patients to die with dignity. “To enable a dignified death, the Supreme Court has held that life-sustaining treatment may be withheld or withdrawn where the patient is terminally ill with no hope of recovery or is …

In historic move, Karnataka allows dignified death for the terminally ill
Top News
1 month, 3 weeks ago

In historic move, Karnataka allows dignified death for the terminally ill

The Hindu  

In a historic move, the Karnataka Health Department, on January 30, 2025, issued an order to implement the Supreme Court’s ruling allowing terminally ill patients to die with dignity. “To enable a dignified death, the Supreme Court has held that life-sustaining treatment may be withheld or withdrawn where the patient is terminally ill with no hope of recovery or is …

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 2 weeks ago

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

Live Law  

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal …

Onus On Plaintiff To Prove Possession Of Property In Suit For Bare Injunction: Karnataka High Court
1 year, 6 months ago

Onus On Plaintiff To Prove Possession Of Property In Suit For Bare Injunction: Karnataka High Court

Live Law  

The Karnataka High Court recently held that in a suit for bare injunction, it is for the person who approaches the Court to prove his lawful possession over the suit schedule property. In response, the respondent's counsel supported the trial court's decision, asserting that the burden of proving the case falls on the plaintiff, especially in a suit for a …

Necessary To Establish Title For Grant Of Perpetual Injunction Once Settled Possession Is Claimed : J&K&L High Court
2 years, 5 months ago

Necessary To Establish Title For Grant Of Perpetual Injunction Once Settled Possession Is Claimed : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in a suit for perpetual injunction, it is necessary for the plaintiff to establish the title for grant of perpetual injunction, claiming settled possession over the property in question. The observations were made by Justice M A Chowdhary while hearing a civil second appeal wherein the moot question that …

Relief Of Permanent Injunction Against True Owner Cannot Be Granted When Title Dispute Is Settled Against Plaintiff : Supreme Court
3 years ago

Relief Of Permanent Injunction Against True Owner Cannot Be Granted When Title Dispute Is Settled Against Plaintiff : Supreme Court

Live Law  

The Supreme Court observed that a suit for permanent injunction is not maintainable against the true owner of the property when the dispute with respect to title is settled against the plaintiff.Once the suit is held to be barred by limitation qua the declaratory relief, the prayer for permanent injunction, which is a consequential relief can also be said to …

Equitable Relief Of Interim Injunction At A Belated Stage Is Not Proper: Gujarat High Court
3 years, 1 month ago

Equitable Relief Of Interim Injunction At A Belated Stage Is Not Proper: Gujarat High Court

Live Law  

The Gujarat High Court has held that when a party approaches the Court with delay, grant of remedy of interim injunction may not be proper. Justice AP Thaker remarked, "The Plaintiff had also kept silence for almost 8 years in instituting the suit after the execution of the agreement to sell, the equitable relief of interim injunction at a belated …

Even A Trespasser In Established Possession Can Obtain Injunction: Supreme Court
4 years, 1 month ago

Even A Trespasser In Established Possession Can Obtain Injunction: Supreme Court

Live Law  

Even a trespasser, who is in established possession of the property could obtain injunction, the Supreme Court observed while upholding a Madras High Court judgment decreeing an injunction suit.The bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed that the principle that plaintiff cannot seek for a bare permanent injunction without seeking a prayer for. Even a …

Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]
6 years, 1 month ago

Section 38 Specific Relief Act: Plaintiff Has To Prove His Actual Possession On The Date Of Filing The Suit: SC [Read Judgment]

Live Law  

The Supreme Court has observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who is in actual possession of the property on the date of suit. The court said that, under Section 38 of the Specific Relief Act, an injunction restraining the defendant from disturbing possession …

Suit For Mere Injunction Not Maintainable When Defendant Can Successfully Raise Cloud Over Plaintiff’s Title: SC [Read Judgment]
6 years, 4 months ago

Suit For Mere Injunction Not Maintainable When Defendant Can Successfully Raise Cloud Over Plaintiff’s Title: SC [Read Judgment]

Live Law  

‘A suit for mere injunction does not lie only when the defendant raises a genuine dispute with regard to title and when he raises a cloud over the title of the plaintiff.’The Supreme Court has reiterated that a suit for bare injunction would not be maintainable when a defendant could successfully raise cloud over the title of the plaintiff.The Jharkhand …

Decree Of Injunction Can Be Executed Against Legal Representatives Of Deceased Judgment-Debtor: SC [Read Judgment]
8 years, 1 month ago

Decree Of Injunction Can Be Executed Against Legal Representatives Of Deceased Judgment-Debtor: SC [Read Judgment]

Live Law  

It would be against the public policy to ask the decree-holder to litigate once over again against the legal representatives of the judgment-debtor when the cause and injunction survives, the bench said.The Supreme Court in Prabhakara Adiga vs. Gowri, has held that a decree for injunction can also be executed against legal representatives of the deceased judgment-debtor, in view of …

Discover Related