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High Court of Karnataka Disposes Regular First Appeal Against Dismissal of Suit for Permanent Injunction and Order for Possession. Dispute centered on legality of employee's occupation of residential premises provided by employer after resignation.

High Court: Karnataka High Court Bench: BENGALURU
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2026-11-03 20:27:43
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Issue of Consideration

KAHC010099462023_1

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Case Details

2024 LawText (KAR) (09) 45

REGULAR FIRST APPEAL NO.392 OF 2023

2024-09-30

HANCHATE SANJEEVKUMAR

SRI NARAYAN M.R., SRI P.D.SURANA, SRI NAGESHA POOJARI

MR. T. MANOHARAN

MR. BABANNA

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Nature of Litigation

Civil suit for permanent injunction to protect possession over residential property, with counter-claim for possession.

Remedy Sought

Plaintiff sought permanent injunction to prevent dispossession; defendant sought possession and eviction.

Filing Reason

Plaintiff alleged that defendant, his employer, threatened to dispossess him from company-provided accommodation after resignation; defendant claimed plaintiff's possession became illegal post-resignation.

Previous Decisions

Trial Court dismissed suit for permanent injunction and ordered plaintiff to vacate and hand over possession to defendant.

Judgment Excerpts

The plaintiff has filed this appeal challenging the judgment and decree passed in O.S.No.2422/2017, dated 06.02.2023, by the XXIX Addl. City Civil and Sessions Judge, Bengaluru, thereby, the suit filed for permanent injunction is dismissed and also granted the relief of possession in favour of the defendant directing the plaintiff to vacate and hand over the vacant possession of the suit schedule property to defendant. Brief facts of the case are as under: Plaintiff’s case: a) It is the case of the plaintiff that the defendant is running a construction firm in the name and style as P.M.Construction and the plaintiff was working under the defendant from 1996 as Supervisor and also the defendant started business of running and maintaining swimming pool and was appointed as Administrator and was looking all the administration and management of the entire firm established by the defendant.

Procedural History

Plaintiff filed suit for permanent injunction in O.S.No.2422/2017. Trial Court (XXIX Addl. City Civil and Sessions Judge, Bengaluru) by judgment dated 06.02.2023 dismissed the suit and directed plaintiff to vacate and hand over vacant possession to defendant. Plaintiff filed Regular First Appeal under Section 96 CPC.

Acts & Sections

  • Code of Civil Procedure, 1908: Section 96, Order 41 Rule 1
  • Companies Act, 2013: Section 452
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Tags :
permanent injunction possession resignation employer-employee accommodation illegal possession Section 452 Companies Act non-joinder of necessary party suit description inaccuracy counter-claim for possession

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