#possession in civil suits

The Gauhati High Court has ruled that taking possession after filing a title suit does not create any legal right to retain it, even if criminal allegations of forgery are pending. This reinforces that civil courts must preserve the status quo under Order XXXIX Rule 1 and 2 CPC, ensuring that possession is determined by title, not by who got there first after litigation begins - a critical safeguard for lawful owners awaiting adjudication.

Calcutta High Court sets aside a trial court order directing key handover of a disputed property, ruling that prima facie possession must be determined first. The decision reinforces that interim relief under Section 151 CPC cannot bypass possession disputes in joint property cases, impacting litigants seeking urgent access without established possession rights.

The Andhra Pradesh High Court has ruled that a plaintiff seeking a permanent injunction must establish exclusive, peaceful possession as of the suit date, not merely rely on tax receipts or ancestral claims. Mere title disputes or historical assertions cannot substitute for demonstrable, current control over the property, setting a clear evidentiary bar for injunctions in civil possession disputes.