Sri.Mahesh Wodeyar, learned counsel for appellant

has appeared in person.

Counsel on instruction submits that the respondent 3

defendant Sri.Y.K.Dheerendra Swamy died three years

back.

Counsel further submits that the appellant is the

plaintiff before the Trial Court and had filed a suit for a bare

injunction restraining

the defendant from taking

up

construction on any portion of the road lying to the south of

the property of the plaintiff.

Counsel Sri.Mahesh Wodeyar, submits that the sole

defendant Y.K.Dheerendra Swamy is dead and the cause of

action also dies with the person. Hence appropriate order

may be passed.

The submission is placed on record.

The suit was filed for a permanent injunction

simpliciter. It is unnecessary to refer to pleadings in detail.

3

Applying the principles of <action personalis mortiur

cum persona=, the injunction is a personal remedy against a

person, particularly against 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 proceedings, i.e., before the final adjudication of the

dispute the right to sue does not survive.

The

Regular

Second

Appeal

is

disposed

of

accordingly.

Sd/-

JUDGE

MRK