MALLAPPA Vs. DRAKSHYANI CHANNAVEERAPPA ANAND

JUDGEMENT

(1.) The application in I.A NO.1/2019 is filed under Order 22 Rule 3 R/w. 151 of CPC, at the hands of the legal representatives of the sole deceased petitioner/ plaintiff, to come on record as legal representatives of the writ petitioner, who passed away during the course of these proceedings, on 26/9/2019.

(2.) This application is sought to be objected at the hands of the respondent No.3/ defendant No.3/ purchaser from respondents No.1 and 2. It is contended by the leaned counsel for respondent No.3 that since the original suit was filed seeking a decree restraining the defendants, their agents/ servants/ henchman or anybody preventing them permanently from obstructing the peaceful possession and enjoyment of the suit property, the same being a suit for bare injunction, the right to sue does not survive on the legal representatives of the plaintiff. In support of her contention, learned counsel for respondent No.3 has sought to place reliance on a latest decision of a Coordinate Bench in the case of Smt. Parvati W/o. Maruti Khatavakar V/s. Sri. Subana and Others in RSA NO.100770/2014 dtd. 13/12/2021 wherein it was held;

(3.) Further in the case of Smt. Usha Gopal Gowda V/s. Sri. M. T. Tharanath in WP No.15445/2015 dtd. 12/10/2018 it was similarly held;