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As per case facts, the plaintiff filed a permanent injunction suit for Survey Number 125, asserting ownership and possession. Defendants' predecessors had previously lost a suit challenging plaintiff's title up
...to the High Court. Despite this, defendants allegedly tried to construct on the land, leading to the current suit. The trial court dismissed it, but the appellate court granted an injunction. The defendants appealed, arguing that the plaintiff's title was under a cloud, making a mere injunction suit not maintainable, and claiming their long-standing possession. The question arose as to whether the appellate court erred in granting the injunction without a declaration of title, given the alleged cloud on plaintiff's title and defendants' asserted possession. Finally, the Court, relying on prior judgments and the defendants' admissions about recent construction, found the plaintiff's title was not in dispute and the defendants' claim of long-term possession was false. The issue of title was deemed res judicata. Thus, the suit for permanent injunction was maintainable, and the Appellate Court rightly restrained the defendants from any further construction on the disputed land.
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