B G THIMMAIAH Vs. K A NARAYANA SHETTY

JUDGEMENT

(1.) THIS is a revision under Section 115 of the Code of Civil Procedure, 1908, by the petitioners, who are plaintiffs in OS No. 188/87 on the file of the learned Civil Judge (Jr. Dvn.) and JMFC, gowribidanur. They are aggrieved by the order passed by the learned judge on 05-12-2003, dismissing the suit as abated accepting the memo filed by the respondent - defendant.

(2.) HEARD Sri Vishwanath Shetty, learned Counsel appearing on behalf of Sri M. S. Subbarayappa, learned Counsel for petitioners and Sri Madhava reddy, learned Counsel for respondent.

(3.) THE factual matrix which needs reference is : a suit in OS 188/87 was filed by Sri B. G. Thimmaiah against Sri k. Narayana Shetty, seeking for a decree of permanent injunction to restrain the defendant from interfering with his possession in respect of immovable property described in the schedule to the plaint. In this regard he had also sought for an ad-interim order of injunction.