IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 AS.No. 234 of 1998() --------------------------------- OS.322/1993 of ADDL.SUB COURT, ALAPPUZHA .................... APPELLANT(S): 1. LAND MORTGAGE BANK LTD., A-94 ALLEPPEY NOW THE ALLEPPEY C-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., NO.A-94 REPRESENTED BY ITS SECRETARY. 2. SPECIAL SALES OFFICER ATTACHED TO DO BANK. BY ADV. SRI.ASP.KURUP SRI.ROJI M.BALAKRISHNAN SMT.SANDHYA DEVI RESPONDENT(S): 1. MANI BHANUMATHI, RESIDING AT ARAMURIYIL VEETTIL, PERNNERMANGALAM MURI, MARARIKULAM NORTH VILLAGE. 2. MANI DAKHSAYANI RESIDING AT KOVILAKATHUVELIYIL, MANNANCHERYMURI, KOMALAPURAM VILLAGE. 3. M.DAYANANDAN RESIDING AT CHETHIKATTU VEETILM PERUMTHURUTHU MURI, KANJIKUZHI VILLAGE. AS.No. 234 of 1998 2 4. M.SREENIVASAN RESIDING AT DO.DO. 5. GOUTHAMMA RESIDING AT DO. DO. 6. BHASURAN RESIDING AT DO DO 7. SUGUNAMMA RESIDING AT DO DO 8. DHARANI RESIDING AT DO DO 9. LAKSHMIKUTTY CHELLAPPAN KOCHANTEVELI, ARYAD NORTH MURI, ARYAD NORTH P.O, KOMALAPURAM VILLAGE. 10. VIKRAMAN OF DO DO. 11. SUDEVAN OF DO. DO., 12. KANAKAMMA OF DO DO 13. OMANA OF DO DO 14. IYESAN OF DO DO 15. MAHESWARI OF DO DO 16. BHAGEESWARI OF DO DO 17. USHA OF DO DO. ADV. SRI.M.V.JOSEPH THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = C.M.Appln.No.1724 of 1998 In A.S.No.234 of 1998 = = = = = = = = = = = = = = Dated this the 17 th day of August, 2009 ORDER When this petition came up for hearing today, the learned counsel for the petitioner submitted that the matter has become infructuous, since the bank had already received the money. This petition is accordingly dismissed as infructuous. Dated this the 17 th day of August, 2009. V. RAMKUMAR, JUDGE sj V. RAMKUMAR, J. = = = = = = = = = = = = = A.S.No.234 of 1998 = = = = = = = = = = = = = = Dated this the 17 th day of August, 2009 JUDGMENT The petition to condone the delay in filing the appeal (CM.Appln.No.1724/98) has been dismissed as infructuous. Hence, this appeal is dismissed as time barred. Dated this the 17 th day of August, 2009. V. RAMKUMAR, JUDGE sj