T.VENKAT RAMDEV Vs. N.HANUMANTH RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed against the orders of the trial court in I.A.No.438 of 2015 in OS No.1028 of 2008 dtd. 27/6/2019.

(2.) The respondent herein filed an application before the trial court, seeking permission to bring the legal representatives of the defendant on record i.e. the petitioner herein. The trial court considering the arguments of the both sides allowed the petition.

(3.) Aggrieved by the said order, the petitioner herein preferred an appeal and mainly contended that plaintiff filed suit for perpetual injunction against the father, as his father died, the cause of action also dies and thus the question of bringing him on record as legal representative does not arise. He further stated that as per the settled law, injunction does not run with the land and it is a personal right. As such, the question of impleading the defendant as legal representative of sole defendant in OS 1028 of 2008 does not arise. He further stated that an inordinate delay of 699 days in bringing the legal representative is false and baseless. Petitioner herein filed OS No.6 of 2012 and OS.No.9 of 2012 against the first respondent for perpetual injunction relating to his land in Survey Nos.171 and 179 of Boduppal Village which are pending on the file of II Additional Junior Civil Judge Court, Ranga Reddy District at L.B.Nagar. He also stated that he relied upon the citation of Madras High Court and also judgement of the Hon 'ble Supreme Court, but the trial court failed to consider the same.