SALVADOR DSILVA Vs. KAUTU GAONKAR

JUDGEMENT

(1.) This Second Appeal was admitted by order dtd. 20/11/2006 on the following substantial questions of law :-

(2.) This appeal arises from Regular Civil Suit No.53/1992 instituted before the Civil Judge Junior Division at Sanguem wherein the Appellant herein was the original Plaintiff. In the suit, the sole relief which was sought was one for a decree of permanent injunction against five Defendants arraigned on the plaint. The permanent injunction sought against Defendants was to restrain them from interfering with the suit land which bears Survey No.6/5 of Mollem Village, Sanguem Taluka or from causing any damage to the plantation or disturbing the possession of the Plaintiffs therein.

(3.) From the record, it appears that Defendants No.3, 4 and 5 expired during the pendency of the suit and the cause is held to have abated against these three Defendants. Going by the statements on the cause of action and the reliefs sought against these three Defendants in the suit, the cause for injunction itself would not survive on their demise.