ANAND MATHIAS Vs. C. K. KASIM

JUDGEMENT

(1.) Challenging impugned order dtd. 13/1/2016 (Annexure-A) passed by Prl. Civil Judge & JMFC., Mangaluru, in O.S.no.992/2010 passed on I.A.nos.13 and 14 filed under Orders XXII Rule 3 and XXVII Rule 9 of CPC respectively, this writ petition is filed.

(2.) Sri Sanathkumar Shetty, learned counsel for petitioner submitted that petitioner was defendant in O.S.no.992/2010 filed for relief of mandatory injunction against petitioner herein. It was submitted that during pendency of suit, plaintiff died on 20/8/2015. Thereafter legal representatives of plaintiff filed application under Order XXII Rule 3 of CPC for impleading them as his legal representatives along with applications for condonation of delay of 15 days and for setting aside abatement. It was submitted that in view of death of plaintiff, cause of action would not survive. Ignoring said legal position, trial Court illegally allowed application. Hence, sought for allowing writ petition.

(3.) Plaintiffs though served, have remained unrepresented.