SRI THIMMAIAH vs SHABIRA .

The Supreme Court addressed the appeal against the Karnataka High Court's judgment allowing the plaintiffs' First Appeal under Section 96 of the Code of Civil Procedure, 1908. The Court emphasized that in a suit for permanent injunction, the foundational fact to be established is possession, which the trial court found the plaintiffs failed to prove. The High Court's decision was based on the plaintiffs' evidence regarding their claim to Site No.43, but the Supreme Court ultimately upheld the trial court's dismissal of the suit, reinforcing the importance of proving lawful possession.