SHEKAR SHETTY Vs. Y ANANTHAPADMANABHA BHAT

JUDGEMENT

(1.) Heard the Counsel for the appellant.

(2.) The appellant was defendant 5 before the Trial Court, in a suit for mandatory injunction directing removal of the appellant's bunk, which was erected on the road margin. The Trial Court having decreed the suit and the First Appellate Court having affirmed the same, as admittedly, the suit shops were erected on the road margin and on public property, the present appeal is filed seeking to raise the following questions as purported substantial questions of law:

(3.) Insofar as the first question is concerned, the appellant is not competent to question the judgment on behalf of defendant 4, even if he was dead as on the date of the judgment and therefore, the same would not arise for consideration.