A Subramaniam v. Arunachala Konar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.06.2023
CORAM:
THE HONOURABLE MRS.JUSTICE R. HEMALATHA S.A.N os.1512 of 1993, 1281 & 1969 of 2003 S.A.No.1512 of 1993 :
A.Subramaniam (Died) 2.Saraswathi 3.S.Dhandapani 4.S.Gomathi 5.S.Meignana Sundaram 6.Sumathi ... Appellants ..Vs..
1.Arunachala Konar 2.A.Muthusamy 3.P.Saravanan 4.M.Kathirvelu 5.Lakshmi Ammal @ Pappayee 6.Valliammal 7.Patchiannan 8.Anuradha ... Respondents (Appellants 2 to 6 brought on record as LRs of the deceased sole appellant viz., Subramaniam vide order of Court dated 20.12.2019 made in C.M.P.No.8582 to 8527/2019 in S.A.No.1512/1993) S.A.No.1281 of 2003 :
Karuppasamy ... Appellant ..Vs..
1/5
Arunachala Konar (Died) 1.A.Subramaniyam 2.Samiyappan 3.Arumugam 4.Coimbatore City Municipal Corporation 5.Palaniyammal 6.Rukmani 7.Jayamani ... Respondents (Respondents 5 to 7 were impleaded as legal heirs of the first respondent as per order in I.A.No.62/1996 dated 26.09.1996 and amended as per order in I.A.No.1060/1996 dated 16.06.1997 in O.S.No.1371/1996 on the file of the III Additional Sub Court, Coimbatore.) S.A.No.1969 of 2003 :
A.Subramaniam (Died) 2.Saraswathi 3.S.Dhandapani 4.S.Gomathi 5.S.Meignana Sundaram 6.Sumathi ... Appellants ..Vs..
1.Karuppusamy 2.Samiyappan 3.Arumugam 4.Coimbatore Corporation, Coimbatore.
5.Palaniyammal 6.Rukmani 7.Jayamani ... Respondents (Appellants 2 to 6 brought on record as LRs of the deceased sole appellant viz., Subramaniam vide order of Court dated 29.07.2019 made in C.M.P.No.8485 to 8487/2018 in S.A.No.1969/2003) 2/5
PRAYER in S.A.No.1512 of 1993 : Second Appeal filed under Section 100 C.P.C., against the decree and judgment dated 29.07.1993 in A.S.No.97 of 1992 on the file of the Sub Court, Coimbatore, upholding the decree and judgment dated 08.04.1992 in O.S.No.196 of 1986 on the file of the III Additional District Munsif Court, Coimbatore. PRAYER in S.A.No.1281 of 2003 : Second Appeal filed under Section 100 C.P.C., against the decree and judgment dated 28.06.2002 in A.S.No.107 of 2000 on the file of the II Additional District Court, Coimbatore, upholding the decree and judgment dated 19.11.1999 in O.S.No.1371 of 1991 on the file of the III Additional Sub Court, Coimbatore.
PRAYER in S.A.No.1969 of 2003 : Second Appeal filed under Section 100 C.P.C., against the decree and judgment dated 28.06.2002 in A.S.No.195 of 2000 on the file of the II Additional District Court, Coimbatore, upholding the decree and judgment dated 19.11.1999 in O.S.No.1371 of 1991 on the file of the III Additional Sub Court, Coimbatore.
In S.A.No.1512 of 1993 :
For Appellants : Mr.E.K.Kumaresan For Respondents : No appearance In S.A.No.1281 of 2003 :
For Appellant : No appearance For R1 : Mr.E.K.Kumaresan For RR2 to 7 : No appearance 3/5
In S.A.No.1969 of 2003 :
For Appellant : Mr.E.K.Kumaresan For RR2, 4, 5 to 7 : No appearance COMMON JUDGMENT It is seen from the records that the respondents 1, 3, 9 & 13 are no more and in the petitions filed to implead the legal heirs of the deceased respondents, the proposed respondents have not been served with notice till date. The Second Appeals are of the year 1993 & 2003 and hence, I do not find any reason to keep the appeals pending.
2. In view of the same, these Second Appeals are dismissed for non prosecution. No costs.
19.06.2023 (2/2) Index : Yes/No Internet : Yes/No mtl 4/5
R. HEMALATHA, J.
mtl To
1. The Sub Court, Coimbatore.
2. The III Additional District Munsif Court, Coimbatore.
3. The II Additional District Court, Coimbatore. 4.The III Additional Sub Court, Coimbatore.
5. The Section Officer, V.R. Section, High Court, Madras. S.A.Nos.1512 of 1993, 1281 & 1969 of 2003 19.06.2023 5/5