Dismissed¶¶33

Minor. Ramalingam v. Neduchezhian

Madras HC11 Dec 2025CMP(MD)/1414/2025

Case brief

AI extract

What is this about?

Keywords: restoration application; dismissal for non-prosecution; no representation; default; Order 41 Rule 19 CPC; Section 151 CPC; Second Appeal dismissed for default; S.A.No.293 of 1999; C.M.P.(MD) No.10843 of 2024; order dated 27.08.2024; order dated 21.12.2022; Sub Court Srivilliputhur; 1993 suit; minor appellants; Madurai Bench of Madras High Court; R. Kalaimathi, J.

What did the court decide?

As there was no representation for the petitioners/appellants when the matter was called on 04.12.2025 and again on 11.12.2025, the Civil Miscellaneous Petition filed to restore C.M.P(MD) No.10843 of 2024 is dismissed for non-prosecution. ¶¶33

Minor. Ramalingam Vs Neduchezhian — Madras HC (2025) — LawSathi Research

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C.M.P.(MD) No.1414 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 11.12.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

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C.M.P.(MD)No.1414 of 2025 in

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S.A.No.293 of 1999

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1.Minor Ramalingam

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2.Minor Anantha Lakshmi

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3.Minor Karpagavalli

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... Petitioners/Petitioners

vs.

1.Neduchezhian

2.Elamaran

3.Manirasan

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4.Petchiammal

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5.Kannaki ... Respondents/respondents

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PRAYER: Civil Miscellaneous Petition is filed under Order 41 Rule 19 of C.P.C., to set aside the order, dated 27.08.2024 dismissing the C.M.P(MD). No.10843 of 2024 in S.A(MD) No.293 of 1999 for default and restore it to file and dispose of it according to law.

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Page No. 1 of 4

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

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C.M.P.(MD) No.1414 of 2025

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For appellants : No appearance For R2, R3 and R5 : Mr.S.Srinivasaraghavan

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J U D G M E N T

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This Civil Miscellaneous Petition has been filed to set aside the

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order, dated 27.08.2024 made in C.M.P(MD) No.10843 of 2024 in S.A(MD) No.293 of 1999 and restore it to file and dispose of it according to law.

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The Second Appeal is of the year 1999. The Original Suit was

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filed in the year 1993 before the Sub Court, Srivilliputhur by the appellants herein. On perusal of records, it appears that the Second Appeal was dismissed for default by an order, dated 21.12.2022. In respect of the said order, an application under Section 151 of C.P.C was taken out by the present petitioners in C.M.P(MD) No.10843 of 2024. On 27.08.2024, as there was no representation for the petitioners, the said application was dismissed for non prosecution. To restore the said application, the present application is taken out and when the matter came up for hearing on 04.12.2025 as there was no representation for the petitioners/appellants, the matter is posted today i.e.11.12.2025 under the caption “for

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Page No. 2 of 4

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

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C.M.P.(MD) No.1414 of 2025

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dismissal”. Today also, there is no representation for the petitioners/appellants.

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