V.Arunagiri v. Banumathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN S.A.No.1183 of 1999 V.Arunagiri ...Appellants Vs 1.Banumathy 2.Sukumar 3.Kalavathy 4.Selvi 5.Sundara Vadivel 6.Yuvaraj 7.Jamuna Rani 8.Kittammal 1/4

9.The Erode Co-operative House Mortgage Bank Ltd., Represented by its Special Officer, Erode

10. The Deputy Registrar of Co-operative Society, ( Housing), Gandhi Road, Salem.

11. The Registrar of Co-operative Societies ( Housing) No.79, 4th Main Rod, Gandhi NAgar, Adyar Chennai - 600 020

12. Kuppammal ... Respondents Prayer: This Second Appeal is filed under Section 100 of C.P.C against the Decree of the II- Additional District Judge, Erode, dated 03.02.1999, and made in A.S.No.179 of 1998 on his file reversing the Judgment and Decree of I-Additional District Munsif, Erode, made in O.S.No.1036 of 1996 dated 30.06.1998.

For Appellants :Mr.M. Mahamani for Mr.K. Ramachandran For Respondents 1 to 7 : Mr.N.V. Nagasubramaniam for Mr.S. Kandav Varun Respondent 8 : Died For other Respondents : No Appearance

JUDGMENT

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When the matter was listed on 11.12.2023 under the caption "for dismissal" the learned counsel for the appellant submitted that the sole appellant died on 01.09.2017.

2. It appears that no application has been filed for more than five years and six months. Even today, the learned counsel for the appellant seeks for a short accommodation for filing an application for impleading the legal heirs. Hence, there is no purpose in keeping this appeal pending. 3.. In the result this second appeal is dismissed for default. No costs. 13.12.2023 1/2 smn Index : Yes/No Speaking order/non-speaking order To:

1. The II- Additional District Judge, Erode,

2. The I-Additional District Munsif, Erode, 3/4

C.KUMARAPPAN, J., smn S.A.No.1183 of 1999 13.12.2023 1/2 4/4