- 1 - HC-KAR NC: 2025:KHC:38365 RSA No. 401 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 401 OF 2021 (INJ) BETWEEN: 1. SMT. GOWRAMMA W/O PUTTAIAH AGED ABOUT 70 YEARS SINCE DEAD BY HER LRS. 1(A). RANGAPPA S/O PUTTAIAH AGEDA BOUT 53 YEARS 1(B). R.P. MANJUNATH S/O PUTTAIAH AGED ABOUT 52 YEARS BOTH ARE R/AT RANGAPURA VILLAGE KASABA HOBLI, TUMAKURU TALUK AND DISTRICT - 572 101. …APPELLANTS (BY SRI. SRINIVASA C, ADVOCATE) AND: MUNIRAJU S/O LATE VENKATARAJU AGED ABOUT 55 YEARS R/AT RANGAPURA VILLAGE Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38365 RSA No. 401 of 2021 KASABA HOBLI, TUMAKURU TALUK AND DIST. - 572 101. …RESPONDENT (BY SMT. NALINA K, ADVOCATE FOR C/R) THIS RSA IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 04.05.2020 PASSED IN RA.NO.95/2020 (OLD NO.57/2017) ON THE FILE OF THE VII ADDL. DISTRICT AND SESIONS JUDGE, TUMKUR. DISPOSING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 07.03.2017PASSED IN O.S.NO.586/2005 ON THE FILE OF THE I ADDL. CIVIL JUDGE AND JMFC-2, TUMAKURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT 1. I.A. No.1/2021 is filed seeking permission of this Court to prosecute the appeal by the applicants who are the alleged legal representatives of deceased plaintiff. 2. Counsel for respondent has no objection. Hence, I.A.No.1/2021 is allowed. - 3 - HC-KAR NC: 2025:KHC:38365 RSA No. 401 of 2021 3. I.A Nos.1/2023, 2/2023 and 3/2023 are the applications filed by the alleged legal representative of deceased plaintiff. 4. Suit of the plaintiff came to be dismissed by the First Appellate Court by reversing the judgment of the trial court. 5. Since the prayer for permanent injunction is a personal remedy, and noting the fact that the plaintiff is no more, the applications are liable to be rejected as right to pursue the appeal further would not survive in the alleged legal representatives of diseased plaintiff. 6. Accordingly, I.A.Nos.1 to 3 of 2023 are rejected. Consequently, appeal is also rejected. 7. However, if the legal representatives of the deceased plaintiff have got any independent right to seek for an order of permanent injunction against the respondent, they may do so in a fresh suit as right of - 4 - HC-KAR NC: 2025:KHC:38365 RSA No. 401 of 2021 seeking permanent injunction is a continuous cause of action. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 27 CT: BHK