H.C. SUBRAMANYAM Vs. H.C. MALLIKARJUNAIAH

JUDGEMENT

(1.) This appeal is filed being aggrieved by the order dtd. 6/8/2016, passed on I.A.No.2 in O.S.No.2981/2016, on the file of the LX Additional City Civil and Sessions Judge, Bengaluru City, rejecting I.A.No.2 filed under Order 39 Rules 1 and 2 read with Sec. 151 of CPC, wherein prayed the Court to grant temporary injunction restraining defendant No.7 from putting up any construction on the suit schedule property. The Trial Court considering the pleadings of both the parties, comes to the conclusion that there is no any prima facie case and with regard to case of purchase of that property, requires trial and hence rejected I.A.No.2.

(2.) This appeal was filed in the year 2016 and the learned counsel for the appellants submits that defendant No.7 has already put up construction. When such being the case, this appeal becomes infructuous. However, the learned counsel for the appellants submits that a direction may be given to the Trial Court to dispose of the matter, since the suit is of the year 2016 and relief sought is for partition.

(3.) The learned counsel for respondent No.3 submits that defendant No.3 passed away and no application is filed to bring the legal representatives on record. The learned counsel submits that before this Court, the appeal is abated against appellant No.3 and in the suit also, the suit against plaintiff No.3 is abated. If it is abated, the same is subject to result of the suit.