Dismissed¶35

Rajini Mahalingam v. M.Manikandan

Madras HC9 Feb 2026CMP(MD)/749/2026

Case brief

AI extract

What is this about?

Rehearing petition under Order XLI Rule XXI CPC refused; probate O.P.No.2 of 2015 (Will dated 14.09.2005) upheld indirectly; non-challenger of probate order deemed not aggrieved; rehear plea called afterthought and abuse of process; prior SLP (Civil) Diary No.40129/2025 dismissed by Supreme Court on 31.10.2025; keywords: probate, rehearing, Order XLI Rule XXI, abuse of process, CMA(MD) No.648 of 2023, Madurai Bench.

What did the court decide?

The petitioner had not challenged the order impugned in C.M.A.(MD) No.648 of 2023 (the probate order); had she been truly aggrieved she ought to have challenged the order granting probate, and therefore the petition to rehear the case is an afterthought. ¶34

Rajini Mahalingam Vs M.Manikandan — Madras HC (2026) — LawSathi Research

¶1

C.M.P.(MD).No.749 of 2026 in CMA (MD). No.648 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 09.02.2026

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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C.M.P.(MD).No.749 of 2026 in CMA (MD). No.648 of 2023

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Rajini Mahalingam

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...Petitioner/2nd Respondent

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-Vs-

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M.Manikandan 2. Aarthi (The 2nd Appellant represented by her power agent who is the 1st appellant herein on the basis of the power of attorney dated 11.08.2016)

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...Respondent Nos.1 and 2/Appellants

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Maheswari 4. N.Nagalingam R.Shanmugam, (Died), 5.Jambukeswari

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(Impleaded as LR of deceased R.Shanmugam / 5^th defendant)

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(As per the order in I.A.No.2/2019 dated 23.07.2019)

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...Respondents/Respondent Nos.1, 3 and

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1/5

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

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Prayer : Criminal Miscellaneous Petition is filed under Order XLI Rule XXI

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C.M.P.(MD).No.749 of 2026 in CMA (MD). No.648 of 2023

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Prayer : Criminal Miscellaneous Petition is filed under Order XLI Rule XXI of CPC to rehear the C.M.A.(MD) No.648 of 2023 by set aside the order dated 10.09.2024 in C.M.A.(MD) No.648 of 2023.

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For Petitioner : Mr.H.Arumugam for Mr.R.Rajamohan

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For Respondents : Mr.D.Rajkumar for Mr.J.Ashok (for R1) Mr.S.Meenakshi Sundaram Senior Counsel for Mr.S.M.Sengu Vijay (for R3) No Appearance for R2

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ORDER

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This petition has been filed to rehear the C.M.A.(MD) No.648 of 2023 by

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set aside the order dated 10.09.2024 in C.M.A.(MD) No.648 of 2023.

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It is the case of the petitioner, who was the second respondent in C.M.A.(MD) No. 648 of 2023, that she was not heard in an appeal challenging

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the order of probate granted in favour of the first respondent herein.

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By the order dated 11.04.2022 in O.P.No.2 of 2015, probate was granted to the 1^st respondent herein in respect of the Will dated 14.09.2005

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2/5

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

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C.M.P.(MD).No.749 of 2026 in CMA (MD). No.648 of 2023

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executed by the deceased testator and the appellants, who were respondents 2 and 3 in the Probate Petition filed by the 1^st respondent herein, had challenged the said order in the above CMA. The petitioner, who was arrayed as the 2^nd respondent in the above CMA has now filed this petition seeking a rehearing of the case on the ground that she was not heard in the above appeal.

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It is seen that the petitioner had not challenged the order that was impugned in CMA (MD) No.648 of 2023. If she was really an aggrieved person, she ought to have challenged the order granting probate. Hence, this Court is of the view that this petition to rehear the case is an afterthought. That apart, the appellants in the aforesaid CMA had challenged the judgment passed by this Court before the Hon’ble Supreme Court in SLP (Civil) Diary No(s). 40129/2025 and the Hon’ble Supreme Court had dismissed the said SLP by order dated 31.10.2025.

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All the above facts confirm that the instant petition to rehear the case is an abuse of process. Hence, the Civil Miscellaneous Petition, i.e., CMP (MD) No.749 of 2026, is dismissed.

09.02.2026

NCC : Yes / No

3/5

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

¶40

C.M.P.(MD).No.749 of 2026 in CMA (MD). No.648 of 2023

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Index : Yes / No dk / ars