SHIVAPPA BASAVANTAPPA DEVARAVAR Vs. BABAJAN

JUDGEMENT

(1.) PERMISSION is sought for filing the appeal saying that the original appellant died and he was not aware of the decree being passed against him. His sons having come to know about the non-filing of the second appeal they have come forward with the present appeal along with an application to condone the delay in filing.

(2.) THE suit was filed against one Shivappa Basavantappa Devaravar for injunction restraining the said Shivappa or anybody claiming under him or on his behalf from interfering or obstructing with peaceful possession and enjoyment of the suit property. Injunction was granted by the Trial court and injunction came to be confirmed by the First Appellate Court. In this appeal the deceased man through his L. R. want to prosecute the suit.

(3.) APPLYING the principles of "actio personalis moritur cum persona", injunction is a personal remedy against a person, in particular, the defendant. Therefore, the very prayer itself makes it clear that it is a restriction against that person (defendant) or his agents or his men or anybody claiming under him or through him. This is the usual format in an injunction suit. Once a man dies, the cause of action dies with him and does not pass on to the legal representatives. Therefore, the injunction decree now becomes extinct because of the death of the father.