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Maasana Konar (Died) Krishnammal v. Arumugam

Madras HC30 Jun 2026CMP(MD)/12866/2024

Case brief

AI extract

What is this about?

Restoration of second appeal dismissed for default; Madurai Bench of Madras High Court; CMP(MD) No.12866 of 2024 in SA(MD) No.276 of 2024; dismissal dated 18-07-2024 under caption 'For Dismissal'; counsel absent due to severe back pain and treatment; conditional restoration on payment of Rs.2,000/- cost to respondents' counsel; appeal restored on production of receipt; hearing listed on 14.07.2026; T.V. Thamilselvi, J.; decided 30/06/2026.

What did the court decide?

Petition allowed: restoration of Second Appeal S.A.(MD)No.276 of 2024 on payment of cost of Rs.2,000/- to the learned counsel for the respondents within a week; on production of the receipt of payment, the Second Appeal restored to file; Registry to list the matter for hearing on 14.07.2026. ¶27

Maasana Konar (Died) Krishnammal Vs Arumugam — Madras HC (2026) — LawSathi Research

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CMP(MD). No.12866 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 30/06/2026

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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CMP(MD). No.12866 of 2024 in SA(MD)No.276 of 2024

Maasana Konar (Died)

Krishnammal,

... Petitioner(s)

Vs. -

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Arumugam

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Maasanam

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Parvathi

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Petchi Ammal

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... Respondent(s)

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Prayer : To set aside and restore the order passed in S.A.(MD).No. 276/2024 dated 18-07-2024 before this Court and thus render justice.

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For Petitioners : Mr.S.R.Anbarasu For R1 : Mr.P.Prasad Pandian For R2 to R4 : No appearance

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

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CMP(MD). No.12866 of 2024

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ORDER

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This Petition is filed to restore the order passed in S.A.(MD).No.

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276/2024 dated 18-07-2024 before this Court.

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On 18.07.2024, the second appeal was listed under the caption

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"For Dismissal." Even on that day, the learned counsel for the appellant did not appear. Therefore, the second appeal was dismissed for default.

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The learned counsel for the petitioner would submit that when the second appeal was listed on 18.07.2024, the counsel for the petitioner was suffering from severe back pain and was taking treatment and hence, he was not able to appear before this Court. Therefore, the second appeal was dismissed for default.

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4.In view thereof, this Court gives one more opportunity to the petitioner. Accordingly this Court is inclined to allow the said application on payment of cost of Rs.2,000/-. Accordingly, this Petition is allowed on payment of cost of Rs.2,000/- (Rupees Two Thousand only) to the learned counsel for the respondents within a week from

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

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CMP(MD). No.12866 of 2024

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today. On production of receipt of such payment, the Second Appeal is restored to file.

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5. Registry is directed to list the matter for hearing on 14.07.2026.

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30.06.2026