Suit for removal of encroachments and recovery of possession; application seeking liberty to proceed despite deceased defendants 28, 39, 55, 76, 97 and 119 being unrepresented by legal heirs, since cause of action is distinct against each encroacher.
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P.B.BALAJI, J.,
A.No.4776 of 2023 in C.S.No.633 of 2010
This application has been taken out by the plaintiffs, seeking
liberty to proceed with the suit in the absence of legal heirs representing the
estate of the deceased defendants 28, 39, 55, 76, 97 and 119.
2.The affidavit in support of the application discloses that the suit
has been filed for removal of encroachments and for recovery of possession.
The plaintiffs have stated that despite requesting the learned counsel who had entered appearance for the deceased defendants, the details had not yet
been furnished and in the absence of the same, the plaintiffs are unable to proceed further in the suit.
3.Since the cause of action is distinct as against the deceased defendants, in my considered view, the suit will abate as against them alone and not in so far as similarly placed encroachers. I am inclined to accept the reasons set out in support of the application. Accordingly, this application is
ordered as prayed for.
03.04.2024
ata
P.B.BALAJI, J.
ata
A.No.4776 of 2023 in C.S.No.633 of 2010
03.04.2024
1 issue framed by the court
Whether the plaintiffs may proceed with the suit for removal of encroachments and recovery of possession despite abatement as against deceased defendants without represented legal heirs?
Plaintiffs
P.B. Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
