In a suit for permanent injunction, the cause of action dies with the defendant, leading to abatement of the suit upon the defendant's death.

ORAL ORDER

Sri.D.R.Rajashekharappa., counsel for the appellant and Sri.N.Subba Shastry., counsel for the respondents have appeared in person.

2. Heard the arguments and perused the appeal papers with care.

3. The suit giving rise to this appeal was brought by the plaintiff against V.Mohan Kumar - the sole defendant seeking the relief of permanent injunction in O.S.No.11/2008 on the file of Prl. Civil Judge and JMFC, Ramanagara alleging that the sole defendant is interfering with his peaceful possession and enjoyment of the suit schedule property. On the trial of the action, the Trial Court vide Judgment dated 15.01.2013 dismissed the suit. The plaintiff assailed the Judgment of the Trial Court before the First Appellate Court. The First Appellate Court vide Judgment dated 16.07.2018 dismissed the appeal. Hence, the plaintiff has filed the captioned appeal under Section 100 of CPC.

4. Counsel Sri.D.R.Rajashekharappa., in presenting his arguments submits that the First Appellate Court disposed of the appeal on 16.07.2018 and the sole defendant died on 07.11.2018. Counsel therefore, submits that an appropriate order may be passed.

The submission made by counsel for the appellant about the death of sole defendant V.Mohan Kumar is noted with care.

5. A perusal of the Judgment and Decree of the Court of facts reveals that the plaintiff has failed to prove the possession over the suit schedule property and also the alleged interference by the sole defendant as of the date of filing of the suit. Furthermore, the sole defendant died on 07.11.2018. Suffice it to note that the suit is one for permanent injunction simpliciter. It is unnecessary to the pleadings in detail. 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. It is perhaps well to observe that in a suit for permanent injunction simpliciter, where one or two more defendants die during the pendency of the suit before the final adjudication of the dispute, the right to sue does not survive. Hence, the suit itself abates. No substantial questions of law arises for consideration.

6. Resultantly, the Regular Second Appeal is dismissed at the stage of admission.