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Boopathy Vs Masilamani (Died) 1.Pazhani — Madras HC (2025) — LawSathi Research

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Boopathy Vs Masilamani (Died) 1.PazhaniBoopathy v. Masilamani (Died) 1.Pazhani

Allowed¶41

Boopathy v. Masilamani (Died) 1.Pazhani

Madras HC22 Aug 2025CMP/14136/2025

Case brief

AI extract

What is this about?

Restoration of second appeal dismissed for non-prosecution; CMP No. 14136 of 2025 in S.A.No.526 of 2018; High Court of Judicature at Madras; decided 22-08-2025 by K.KUMARESH BABU J.; dismissal dated 10.02.2025; parties in talks of settlement; petition allowed and appeal restored on file. Petitioners: Boopathy, Nagaraj, Ramamoorthy, Alli, Kalpana, Revathi, Vidya, Gowri, Anandhi, Mageshwari, T.Sasikumar. Respondents: Masilamani (died), Pazhani, Boopathy, M.Sekar, Manjula, Suresh, Manjula, Sundari, Suseela. Advocates: Mr.R. Bharath Kumar (for petitioners); Mr.Seshachari (for respondents). No statutes or cited precedents.

What did the court decide?

Restoration of the second appeal in S.A.No.526 of 2018 to the file of the High Court of Judicature at Madras. ¶41

Why is it important?

In view of the fact that there is a talk of settlement between the parties, the Court ordered the petition (CMP No. 14136 of 2025) and restored the second appeal in S.A.No.526 of 2018 on file. ¶41

What the court decided

AI extract

Outcome

Restoration of the second appeal in S.A.No.526 of 2018 to the file of the High Court of Judicature at Madras.

Issue for consideration

Whether the second appeal in S.A.No.526 of 2018, dismissed for non-prosecution on 10.02.2025, should be restored to the file of the Court.

Court's answer

In view of the fact that there is a talk of settlement between the parties, the Court ordered the petition (CMP No. 14136 of 2025) and restored the second appeal in S.A.No.526 of 2018 on file.

Detailed headnote1 paragraphs

MADRAS HIGH COURT (K.KUMARESH BABU, J.) — CMP No. 14136 of 2025 in S.A.No.526 of 2018, decided 22-08-2025: Restoration petition. The second appeal in S.A.No.526 of 2018 had been dismissed for non-prosecution on 10.02.2025 by this Court. Learned counsel on either side submitted that the parties were in talks of settlement; in view thereof, the Court ordered the petition and restored the second appeal on file. No statute or precedent case is cited in this short procedural order.

A

CMP No. 14136 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-08-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

CMP No. 14136 of 2025 in S.A.No.526 of 2018

BOOPATHY

Nagaraj

Ramamoorthy

Alli

Kalpana

Revathi

Vidya

Gowri

Anandhi

Mageshwari

T.Sasikumar

Petitioners/Appellant(s)

Vs

MASILAMANI (DIED)

https://www.mhc.tn.gov.in/judis

CMP No. 14136 of 2025

1.Pazhani

2.Boopathy

3.M.Sekar

4.Manjula 5.Suresh

6.Manjula

7.Sundari

8.Suseela

Respondents/Respondents

For Petitioners: Mr.R. Bharath Kumar

For Respondents: Mr.Seshachari

ORDER

This petition has been filed seeking to restore the second appeal in S.A.No.526 of 2018 on the file of this Court, which was dismissed for non-

prosecution on 10.02.2025 by this Court.

2. The learned counsel appearing on either side would submit that the

parties are in the talks of settlement.

https://www.mhc.tn.gov.in/judis

CMP No. 14136 of 2025

3. In view of the fact that the there is a talk of settlement between the

parties, this petition is ordered and the second appeal is restored on file.

22-08-2025

dsa

To

1.MASILAMANI (DIED) 1.Pazhani S/o. P.M. Chandan No. 4/39, Peria Street Kizh-Padappai - 601 301, Sriperumbudur Taluk.

2.Boopathy

S/o. P.M. Chandran No 4/39 Peria Street, Kizh Padappai 601 301 Sriperumbudur Taluk. Kamatchi (Died).

3.M.Sekar

S/o. Late Masilamani Nelverkoli Street, Thirukkalukundrma Chengalput Taluk.

4.Manjula D/o. Late Masilamani No. 12, Subramania Mudali Stret, Saidapet Chennai 600 015

https://www.mhc.tn.gov.in/judis

CMP No. 14136 of 2025

5.Suresh

S/o. Late Masilamani No.12, Subramania Mudali Street, Saidapet, Chenani -600 015

6.Manjula

D/o. Kannappa Mudaliar No. 12, Subramania Mudali Stret, Saidapet Chennai 600 015

7.Sundari

D/o. Kannappa Mudaliar No. 12, Subramania Mudali Street, Saidapet, Chennai Saidapet Chennai 600 015.

8.Suseela

D/o. Kannappa Mudaliar No. 12, Subramania Mudali Street, Saidapet, Chennai Saidapet Chennai 600 015. Rajammal (Died).

https://www.mhc.tn.gov.in/judis

CMP No. 14136 of 2025

K.KUMARESH BABU J.

dsa

CMP No. 14136 of 2025 in S.A.No.526 of 2018

22-08-2025

https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the second appeal in S.A.No.526 of 2018, dismissed for non-prosecution on 10.02.2025, should be restored to the file of the Court.¶34
The court held
In view of the fact that there is a talk of settlement between the parties, the Court ordered the petition (CMP No. 14136 of 2025) and restored the second appeal in S.A.No.526 of 2018 on file.ratio¶41

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal of the second appeal in S.A.No.526 of 2018 for non-prosecution on 10.02.2025 by this Court (the High Court of Judicature at Madras); restoration of that appeal was sought through the present CMP.¶34
High Court of Judicature at Madras (this Court) · 10.02.2025
Prior proceeding
The second appeal in S.A.No.526 of 2018 on the file of this Court was dismissed for non-prosecution on 10.02.2025.¶35
Prior proceeding
CMP No. 14136 of 2025 was filed seeking restoration of the dismissed second appeal.¶34
Prior proceeding
Learned counsel appearing on either side submitted that the parties were in talks of settlement.¶37

Parties & counsel

AI extract

petitioner
BOOPATHY¶7
Mr.R. Bharath Kumar
petitioner
Nagaraj¶8
Mr.R. Bharath Kumar
petitioner
Ramamoorthy¶9
Mr.R. Bharath Kumar
petitioner
Alli¶10
Mr.R. Bharath Kumar
petitioner
Kalpana¶11
Mr.R. Bharath Kumar
petitioner
Revathi¶12
Mr.R. Bharath Kumar
petitioner
Vidya¶13
Mr.R. Bharath Kumar
petitioner
Gowri¶14
Mr.R. Bharath Kumar
petitioner
Anandhi¶15
Mr.R. Bharath Kumar
petitioner
Mageshwari¶16
Mr.R. Bharath Kumar
petitioner
T.Sasikumar¶17
Mr.R. Bharath Kumar
respondent
MASILAMANI (DIED)¶20
Mr.Seshachari
respondent
Pazhani¶23
Mr.Seshachari
respondent
Boopathy¶24
Mr.Seshachari
respondent
M.Sekar¶25
Mr.Seshachari
respondent
Manjula¶26
Mr.Seshachari
respondent
Suresh¶26
Mr.Seshachari
respondent
Manjula¶27
Mr.Seshachari
respondent
Sundari¶28
Mr.Seshachari
respondent
Suseela¶29
Mr.Seshachari

Coram

AI extract

K.KUMARESH BABUauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 22 Aug 2025 · August
Registered: 19 Jun 2025
Case no.: CMP/14136/2025
CNR: HCMA010336402025
Bench: K.kumaresh Babu
Disposal: ALLOWED
Case type: CMP

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Cite this judgement

Boopathy v. Masilamani (Died) 1.Pazhani, CMP/14136/2025 (MAD), decided on 22 August 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

Dismissal of the second appeal in S.A.No.526 of 2018 for non-prosecution on 10.02.2025 by this Court (the High Court of Judicature at Madras); restoration of that appeal was sought through the present CMP.High Court of Judicature at Madras (this Court) · 10.02.2025
The second appeal in S.A.No.526 of 2018 on the file of this Court was dismissed for non-prosecution on 10.02.2025.
CMP No. 14136 of 2025 was filed seeking restoration of the dismissed second appeal.

View full history

Bench / Coram

K.KUMARESH BABU

Parties & counsel