Allowed¶47

Minor B.Madhu Priya v. 1. Muthumuniyandi (died) 2.V. Balakrishnan

Madras HC10 Apr 2026CMP(MD)/3540/2026

Case brief

AI extract

What is this about?

Restoration of appeal dismissed for default; CMP(MD) No.3540 of 2026 in AS(MD) No.113 of 2009; Order 41 Rule 19 CPC; dismissal for non-prosecution dated 05.08.2022 set aside; 815-day delay condoned 09.03.2025 in C.M.P.(MD)No.17449 of 2024; minor petitioners Madhu Priya and Lathika Sri represented by guardian mother Mariammal; respondents 3-5 impleaded as LRs of deceased Muthumuniyandi (orders dated 10.07.2025 and 01.08.2025); consequential petition allowed by P. Vadamalai J., Madurai Bench, Madras High Court, 10-04-2026; Registry to restore appeal and list after three weeks.

What did the court decide?

Civil Miscellaneous Petition allowed; Appeal Suit in A.S.(MD) No.113 of 2009 to be restored by the Registry and listed after three weeks. ¶47

Minor B.Madhu Priya Vs 1. Muthumuniyandi (died) 2.V. Balakrishnan — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 3540 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10-04-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 3540 of 2026

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AS(MD) NO. 113 of 2009

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1.Minor.B.Madhu Priya

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2.Minor. Lathika Sri

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(Minor Petitioners are rep. by their next friend and natural Guardian their Mother Mariammal)

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Petitioner(s)

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1.Muthumuniyandi (Died)

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2.V.Balakrishnan

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3.M.Ponmari

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4.M.Muniarajan

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5.M.Vinoth

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(Respondents 3 to 5 are brought on record as LRs of the deceased 1^st Respondent vide court order dated 10.07.2025 made in

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1/5

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

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CMP(MD) NO. 3540 of 2026

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CMP(MD) Nos.9268, 9270, and 9271 of 2025 in AS(MD)No.113 of 2009 and also the consequential order dated 01.08.2025 by KKRKJ)

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Respondent(s)

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For Petitioner(s):

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Mr.I.Velpradeep, Advocate

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For Respondent(s):

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Mr.B.Ponnupandi, Advocate for R3 to R5

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R2 – No Appearance

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R1 – Died

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Prayer : Civil Miscellaneous Petition is filed under Order 41 Rule 19 of CPC to set aside the order of dismissal for default passed in the above A.S.(MD) No.113 of 2009 dated 05.08.2022 and restore the same.

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ORDER

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This Civil Miscellaneous Petition has been filed to set aside the

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order of dismissal for non-prosecution passed in Appeal Suit in A.S. (MD)No.113 of 2009 dated 05.08.2022 and to restore the same.

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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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2/5

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

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CMP(MD) NO. 3540 of 2026

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The learned counsel for the petitioners submitted that the delay

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of 815 days in filing the present restoration petition had already been condoned by this Court on 09.03.2025 in C.M.P.(MD)No.17449 of 2024 in A.S.(MD)No.113 of 2009.

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