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M.Selvam v. Sivakumar

Madras HC20 Apr 2026CMP(MD)/17200/2025

Case brief

AI extract

What is this about?

Restoration petition under Order 41 Rule 19 CPC; Madurai Bench of Madras High Court; Justice P. Vadamalai; decided 20-04-2026; petitioner M. Selvam (counsel Muniappan); respondents Sivakumar (counsel G. Gomathi Shankar), Arul Pitchai @ Kalidoss (deceased), District Collector Sivagangai (Government Advocate R. Ragavendran), Rani (LR of deceased second respondent, joined by order dated 09.02.2026); subject: restoration of C.M.P.(MD).No.8177 of 2022 in A.S.(MD)SR No.12078 of 2022 dismissed on 10.11.2022 for non-payment of batta; result: petition allowed, Registry to restore and list on 29.04.2026.

What did the court decide?

Restoration of the Civil Miscellaneous Petition in C.M.P.(MD)No.8177 of 2022 (earlier dismissed on 10.11.2022 for non-payment of batta), to be listed on 29.04.2026. ¶39

M.Selvam Vs Sivakumar — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 17200 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 20-04-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 17200 of 2025 IN

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AS(MD) SR NO. 12078 of 2022

M.Selvam

Petitioner(s)

1.Sivakumar

2.Arul Pitchai @ Kalidoss (Died) 3.The District Collector, Sivagangai District Sivagangai.

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4.Rani

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(4th respondent was brought on record as LR of the deceased 2nd Respondent vide court order dated 09.02.2026 made in CMP(MD) Nos.16330, 16333 and 16334 of 2025 in AS(MD)SR.No.12078 of 2022 by PVMJ)

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Respondent(s)

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1/4

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

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CMP(MD) NO. 17200 of 2025

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For Petitioner(s):

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Mr.Muniappan, Advocate

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For Respondent(s):

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Mr.G.Gomathi Shankar, Advocate for R1

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Mr.R.Ragavendran, Government Advocate for R3

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R2 – Died

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R4 – No Appearance

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Prayer : Civil Miscellaneous Petition is filed under Order 41 Rule 19 of CPC to restore the Civil Miscellaneous Petition in C.M.P.(MD).No.8177 of 2022 in A.S.(MD)SR No.12078 of 2022, which was dismissed on 10-11-2022 for non-payment of batta.

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ORDER

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This Civil Miscellaneous Petition has been filed to restore the

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Civil Miscellaneous Petition in C.M.P.(MD).No.8177 of 2022 in A.S. (MD)SR No.12078 of 2022, which was dismissed on 10.11.2022 for nonpayment of batta.

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Heard the learned counsel appearing on either side and perused

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the affidavit filed in support of this petition.

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2/4

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

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CMP(MD) NO. 17200 of 2025

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The learned counsel for the 1^st respondent and the learned

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Government Advocate appearing for the 3^rd respondent have not raised any objection to allow this petition.

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The name of the 4^th respondent has been printed in the cause list.

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Being satisfied with the reasons stated in the affidavit, this Civil

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Miscellaneous Petition is allowed.

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20-04-2026

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Note : The Registry is directed to restore the Civil Miscellaneous Petition in C.M.P.(MD)No.8177 of 2022 and list the same on 29.04.2026 .

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mkn

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3/4

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

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CMP(MD) NO. 17200 of 2025

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P.VADAMALAI, J.

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mkn