YOGESH A. Vs. SURYANARAYANA B.S.

JUDGEMENT

(1.) The present respondent (plaintiff) had instituted a suit against the present appellants (defendants) in O.S.No.185/2015 in the Court of the XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-36) (hereinafter for brevity referred to as the Trial Court) for the relief of permanent injunction with respect to the suit schedule property which is said to be a House property bearing No.69, Konanakunte Village, Begur Hobli, Bengaluru South Taluk, measuring 40 ft. x 40 ft.

(2.) The defendants in the Trial Court (who are the appellants herein) though appeared through their counsel, did not file their Written Statement in-time. Taking that the defendants failed to file the Written Statement, the Trial Court proceeded to record the evidence of the plaintiff and after R.F.A.No.1825/2019 hearing their arguments, vide its judgment dtd. 6/7/2019, decreed the suit of the plaintiff. Aggrieved by the same, the defendants in the Trial Court have preferred the present appeal.

(3.) During the pendency of this appeal, due to the death of appellant No.1, the appeal of the appellant No.1 came to be abated. However, according to the learned counsel for the appellants, the appellant No.1 is only a formal party who was the vendor of the suit schedule property to the appellant No.2, as such, the right to sue survives for the appellant No.2 alone against the respondent (plaintiff). The said submission is not being opposed to by the learned counsel for the respondent (plaintiff).