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Madras High CourtSA/271/2012closed

The Mayuram Co-Op Building v. Dr.S.Vaithiyanathan

2021-07-08Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN S.A.No.271 of 2012 The Mayuram Cooperative Building Society Ltd, represented by its Special Officer, Ganapathy Nagar, Mayiladuthurai.

...Appellant/Appellant/ 1st Defendant Vs.

1.Dr.S.Vaithiyanathan 2.T.Jayaraman 3.S.Viswanathan 4.Senthil @ Duraisamy

...Respondents 1 to 4/

Respondents 1 to 4/ Plaintiff 5.The Commissioner, Mayiladuthurai Municipality, Mayiladuthurai.

...5th Respondent/ 5th Respondent/2nd Defendant Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree dated 31.10.2011 made in A.S.No.34 of 2011 on the file of the Additional Subordinate Judge, Mayiladuthurai, confirming the judgment and decree dated 26.04.2010 made in O.S.No.177 of 2009 on the file of the Principal District Munsif of Mayiladuthurai.

For Appellant : Ms.Meenatchi for Mr.P.Anbarasan For Respondents : Mr.A.Muthukumar for R1 to R4 No appearance for R5

JUDGMENT

The learned counsel for the appellant is present. The learned counsel for the respondent Nos.1 to 4 is also present. This case was earlier listed on 23.06.2021. The learned counsel for the respondent Nos.1 to 4/defendants submitted that the appellant has become defunct and is under liquidation. 2.Today when the case was taken up for hearing, the learned counsel for the appellant is unable to confirm whether the appellant has become defunct or not. She says that she is not https://hcservices.ecourts.gov.in/hcservices/

in contact with the appellant. However, she made an attempt to argue this case.

3.Considering the above submission that the appellant may have become defunct, this second appeal is closed. However, liberty is given to restore the present appeal, in case, the appellant is not under the liquidation. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar jas To:

1. The Additional Subordinate Judge, Mayiladuthurai.

2. The Principal District Munsif, Mayiladuthurai.

3. The Commissioner, Mayiladuthurai Municipality, Mayiladuthurai.

+1cc to M/s.P.Anbarasan, Advocate, S.R.No.32465 +1cc to M/s.A.Muthu Kumar, Advocate, S.R.No.32164 S.A.No.271 of 2012 JP-II[co] NSK 09/09/2021 https://hcservices.ecourts.gov.in/hcservices/