Allowed¶38

Sakthivel Nadar v. Gajapathy (Died)

Madras HC5 Jun 2026CMP/19722/2021

Case brief

AI extract

What is this about?

Madras High Court restoration order dated 05-06-2026 in CMP No. 19722 of 2021 in SA No. 46 of 2007 (R. Sakthivel, J.): petition by Sakthivel Nadar under Order XLI Rule 19 read with Section 151 CPC to set aside the dismissal of his Second Appeal dated 22-04-2021 was allowed; S.A. No.46 of 2007 restored to file, Registry to list on 08.07.2026. Respondents include the LRs of deceased first respondent Gajapathy. Counsel: M. Sriram for petitioner; K.M. Balaji for respondents.

What did the court decide?

Civil Miscellaneous Petition allowed: order of dismissal dated 22-04-2021 set aside and S.A. No.46 of 2007 restored to the file of the High Court, with the Registry directed to list the restored appeal on 08.07.2026. ¶38

Sakthivel Nadar Vs Gajapathy (Died) — Madras HC (2026) — LawSathi Research

¶1

CMP No.19722 of 2021

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 05-06-2026

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE R.SAKTHIVEL

¶6

CMP No. 19722 of 2021 IN SA NO. 46 OF 2007

¶7

Sakthivel Nadar S/O.Arumuga Nadar, 11, Viakunda Perumal Sannathi Street, Kancheepuram Town and Post, Kancheepruam Dist.

¶8

..Petitioner/Appellant

¶9

¶10

Gajapathy (Died)

¶11

S Inbanathan, S/o Subramania Naicker, Residing At Sirunai Village, Baluchetty Chatram Post, Kancheepuram Taluk, Kancheepuram Dist.

¶12

Saravanan,

¶13

S/o Subramania Naicker, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶14

Mrs.Radha W/o Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶15

Gunabushanam

¶16

D/o Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶17

Suresh

¶18

S/o Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶19

__________ Page1 of 4

¶20

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

¶21

CMP No.19722 of 2021

¶22

6. G Savithri

¶23

W/o Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶24

Minor Sethu S/o Late Gajapathy, Res. at Kilsirunai Village, Baluchetty Chatram Post, Kancheepuram Tk and Dist.

¶25

Minor Pasupathy S/o Late Gajapathy, SL.Nos.7 And 8 Minors Rep By Mother And Guardian Mrs. G. Savithiri 3 To 8 Are L.R.S of Deceased 1st Respondent. … Respondents/ Respondents

¶26

Prayer : Civil Miscellaneous Petition filed under Order XLI Rule 19 read with Section 151 of Code of Civil Procedure, 1908 praying to set aside the order of dismissal dated 22-04-2021 and restore the above S.A. No.46 of 2007 on the file of this Hon'ble Court.

¶27

For Petitioner : Mr. M.Sriram For Respondents : Mr. K.M.Balaji

¶28

ORDER

¶29

This Civil Miscellaneous Petition is filed praying to set aside the order of

¶30

dismissal dated 22-04-2021 and restore the above S.A. No.46 of 2007 on the file of this Hon'ble Court.

¶31

Page2 of 4

¶32

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

¶33

CMP No.19722 of 2021

¶34

2.Mr.M.Sriram, Counsel on record for the petitioner and Mr.K.M.Balaji,

¶35

Counsel on record for the Respondents are before this Court.

¶36

3.This Court has perused the case file.

¶37

4.Having satisfied with the reasons stated in the affidavit filed in support

¶38

of this petition, this Court is inclined to set aside the order of dismissal dated 22-04-2021 and restore the above S.A. No.46 of 2007 on the file of this Court. Accordingly, this Civil Miscellaneous Petition is allowed.

¶39

05-06-2026

¶40

(1/2)

¶41

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

¶42

¶43

Note:

¶44

Registry is directed to restore the Second Appeal on the file of this Court and list the matter on 08.07.2026.

¶45