Sri Thimmaiah vs Shabira And Ors

The Supreme Court held that in a suit for permanent injunction under Section 96 CPC, the foundational fact of possession must be established by the plaintiffs. The Court found that the High Court erred in allowing the appeal without addressing the trial court's finding that the plaintiffs failed to prove their possession of the property in question. Consequently, the Supreme Court set aside the High Court's judgment and restored the trial court's dismissal of the plaintiffs' suit for permanent injunction.