Smt Sharfunnissa vs The Secretary
2022 Latest Caselaw 10865 Kant

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     IN THE HIGH COURT OF KARNATAKA BENGALURU

       DATED THIS THE 14th DAY OF SEPTEMBER, 2021

                        BEFORE

        THE HON'BLE MS. JUSTICE JYOTI MULIMANI


     REGULAR FIRST APPEAL NO.133 OF 2017 (INJ)

BETWEEN:

SMT.SHARFUNNISSA
W/O MR.MOHAMMED SHARIFF,
AGED ABOUT 66 YEARS,
THROUGH HER SPL.P.A.HOLDER,
MR.MOHAMMED SHARIFF,
AGED ABOUT 77 YEARS,
RETIRED HIGH COURT EMPLOYEE,
RESIDING AT # 72, 4TH MAIN ROAD,
CITB, BAPUJINAGAR, MYSORE ROAD,
BENGALURU-560 026.                        ... APPELLANT

(BY SRI.C.S.HIREMATH., ADVOCATE)

AND:

1.     THE SECRETARY,
       KARNATAKA BOARD OF WAKF,
       # 6, CUNINGHAM ROAD,
       BENGALURU-560 052.

2.     C.E.O & ADMINISTRATOR,
       KARNATAKA BOARD OF WAKF,
       # 6, CUNNINGHAM ROAD,
       BENGALURU-560 052.
                                        ... RESPONDENTS

(BY SRI.M.H.HANEEF, ADVOCATE FOR R-1,
 SRI.P.S.MALIPATIL, ADVOCATE FOR R-2)
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     THIS RFA IS FILED UNDER SECTION 96 OF CIVIL
PROCEDURE CODE, 1908.

     THIS RFA COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Sri.C.S.Hiremath, learned counsel for appellant and

Sri.P.S.Malipatil, learned counsel for respondent-2 have

appeared through video conferencing.

This is an appeal from the Court of XXVI Additional

City Civil & Sessions Judge at Mayo Hall Bengaluru in

O.S.No.26207/2011.

2. Learned counsel for appellant submits that the

suit giving rise to this appeal was filed by the plaintiff for

permanent injunction. The trial Court passed the judgment

and decree and dismissed the suit on 17.12.2016.

Aggrieved by the judgment and decree, the plaintiff had

filed the present appeal.

Counsel further submits that during the pendency of

the present appeal, the plaintiff has died. Therefore, he

submits that the appeal abates.

Submission is noted.

The suit was filed for permanent injunction

simpliciter. It is unnecessary to refer to the pleadings in

detail. Applying the principles of "actio personalis moritur

cum persona" injunction is a personal remedy against a

person. Once a man dies, the cause of action dies with

him.

It is perhaps well to observe that in so far as an

injunction is in its nature a remedy against an individual, it

will be issued only in respect of acts done by him against

whom it is sought to be enforced.

An injunction is an order directed to a person, it does

not run with the land. By reason of this the same operates

in personam.

In view of death of plaintiff and dismissal of the suit

the appeal stands abated.

3. The Regular First Appeal is disposed of

accordingly.

Sd/-

JUDGE

PTJ