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Savithiri Mohan v. Rajappa (Died) 2.R.Vijayalakshmi

Madras HC3 Jun 2026CMP(MD)/3745/2026

Case brief

AI extract

What is this about?

Condonation of delay; 3298 days; restoration petition; Second Appeal SA(MD) 279 of 2011; CMP(MD) 3745 of 2026; Section 5 Limitation Act; costs Rs.5,000 to respondents 2 to 5; endorsement of consent; Madurai Bench of Madras High Court; P. Vadamalai, J.; order dated 03-06-2026; For Reporting Compliance on 16.06.2026.

What did the court decide?

Delay of 3298 days in filing the restoration petition condoned; CMP(MD) No.3745 of 2026 allowed subject to payment of Rs.5,000/- costs by the petitioners to respondents 2 to 5 on or before 15.06.2026; matter to be listed under the caption 'For Reporting Compliance' on 16.06.2026. ¶39

Savithiri Mohan Vs Rajappa (Died) 2.R.Vijayalakshmi — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 3745 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-06-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 3745 of 2026

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SA(MD) NO. 279 of 2011

1.Savithiri Mohan

2.Karthikeyan

Petitioner(s)

1.Rajappa (Died)

2.R.Vijayalakshmi

3.R.Vijayalatha

4.R.Balachandar

5.R.Jeyachandar

Respondent(s)

For Petitioner(s):

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Mr.K.Mahendran, Advocate

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For Respondent(s):

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Mr.R.Maheswaran, Advocate for R2 to R5 R1 - Died

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1/4

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

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CMP(MD) NO. 3745 of 2026

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Prayer :

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Prayer : Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 3298 days in filing the petition to restore the Second Appeal in S.A.(MD).No.279 of 2011.

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ORDER

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This Civil Miscellaneous Petition has been filed to condone the

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delay of 3298 days in filing the restoration petition to restore the Second Appeal in S.A.(MD)No.279 of 2011.

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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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The learned counsel for respondents 2 to 5 submitted that this

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petition may be allowed by imposing costs on the petitioners and has also made an endorsement in the bundle to that effect.

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Being satisfied with the reasons stated in the affidavit, the

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endorsement made by respondents 2 to 5, and also considering the duration of delay, this Court is inclined to allow this petition on payment

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2/4

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

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CMP(MD) NO. 3745 of 2026

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of costs. Accordingly, this Civil Miscellaneous Petition is allowed on payment of costs of Rs.5,000/- (Rupees Five Thousand only) by the petitioners to respondents 2 to 5, on or before 15.06.2026 .

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