D.Sundar Raj v. State Bank Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-06-2025
CORAM
THE HONOURABLE DR JUSTICE G. JAYACHANDRAN
1. D.Sundar Raj S/o.P.David Door No. 648, Boys Company, Barracks Post, Wellington, Coonor, The Nilgiris.
Appellant(s) Vs
1. State Bank of India a Bank Constituted under the State Bank of India Ac, 1955, having its Central Office situated at Bombay and having Branch office among other places at Coonoor acting through and re by its Chief Manager and duly Authorised Officer at Coonoor Branch.
Shri B.Shammuga Sundaram S/o. Sri Balasubramani State Bank of India Coonoor.
Respondent(s) PRAYER: This appeal has been filed under Section 96 of the Code of Civil Procedure, to against the Judgment and Decree dated 30.07.2007, made in OS No. 52 of 2005 on the file of the District Court at Nilgiris at Udhagamandalam.
For Appellant(s):
No appearance For Respondent(s):
M/s.J.Pothiraj
JUDGMENT
This appeal has been filed against the Judgment and Decree dated 30.07.2007 in OS No. 52 of 2005 on the file of the District Court at Nilgiris, Udhagamandalam.
2. A perusal of the record reveals that O.S.No.52 of 2005, on the file of the District Judge, Nilgiris filed for realisation of loan amount advanced by the State Bank of India against the mortgage of the defendant's property was allowed on 30.07.2007. Challenging the preliminary decree, on the appeal was filed by the sole defendant as early as 01.04.2009, with delay and defects. It has taken about 11 years for the counsel to rectify the defect and get it numbered as A.S.No.255 of 2022. Meanwhile, as per the procedures prevailing at that time, draft notice was sent to the parties, including the appellant, by the Registry. The notice sent to the appellant returned with postal endorsement that the addressee is ''deceased''; in other words, the appellant had died before his appeal could be numbered, since it has taken more than 11 years to get the appeal numbered.
3. In such circumstances, when the matter was listed before this Court, counsel by name Mr.R.Udayakumar has appeared before this Court and sought time to get instructions from the legal heirs of the Sundararajan, and filed his vakalat. Accordingly, this Court has adjourned the matter to 03.04.2025. On that day, again, the counsel had taken adjournment and hence, the matter was
adjourned to 23.04.2025, thereafter, on 06.06.2025.
4. Today also, there is no representation for Mr.R.Udhayakumar, who undertook to file vakalat after getting instructions from the legal heirs of the deceased appellant, did not turn up. The counsel for the respondent/Bank is present.
5. Interestingly, this Court also finds that the appeal was preferred and filed by Mr.Srinath Sridevan, T.K.Bhaskar and K.Harishankar, having office at No.120, New Law Chambers, High Court, Chennai-104. Later, the party has withdrawn the vakalat and had re-presented the papers as party in-person and got the appeal numbered with a delay as stated above.
6. Considering the facts as narrated above, the appeal stands dismissed as abated. No costs.
06-06-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes
Dr. G.JAYACHANDRAN J.
rli To 1.State Bank of India a Bank Constituted under the State Bank of India Ac, 1955, having its Central Office situated at Bombay and having Branch office among other places at Coonoor acting throug and re by its Chief Manager and duly Authorised Officer at Coonoor Branch.
Shri B.Shammuga Sundaram S/o. Sri Balasubramani State Bank of India Coonoor.
2. The Judge, District Court at Nilgiris 06.06.2025