Allowed¶34

Savithiri Mohan v. 1. Rajappa (Died) 2.R.Vijayalakshmi

Madras HC30 Jun 2026CMP(MD)/8062/2026

Case brief

AI extract

What is this about?

Restoration of second appeal dismissed as abated; CMP(MD) No. 8062 of 2026 in SA(MD) No. 279 of 2011; Order 41 Rule 19 and Section 151 Code of Civil Procedure; condonation of delay of 3298 days; C.M.P.(MD)No.3745 of 2026 dated 03.06.2026; dismissal as abated dated 30.01.2017; consequential petition; Registry directed to restore and list on 03.07.2026; Madras High Court, Madurai Bench; Justice P. Vadamalai; petitioners Savithiri Mohan and Karthikeyan; respondents Rajappa (died), R. Vijayalakshmi, R. Vijayalatha, R. Balachandar, R. Jeyachandar.

What did the court decide?

Restoration of Second Appeal S.A.(MD)No.279 of 2011 to the file of this Court; Registry directed to restore the Second Appeal and list it on 03.07.2026. ¶34

Savithiri Mohan Vs 1. Rajappa (Died) 2.R.Vijayalakshmi — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 8062 of 2026

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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 MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 8062 of 2026

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SA(MD) NO. 279 of 2011

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1.Savithiri Mohan 2.Karthikeyan

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Petitioner(s) Vs

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1.Rajappa (Died) 2.R.Vijayalakshmi 3.R.Vijayalatha 4.R.Balachandar

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5.R.Jeyachandar

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Respondent(s)

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For Petitioner(s):

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Mr.K.Mahendran, Advocate

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For 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. 8062 of 2026

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Mr.R.Maheswaran, Advocate for R2 to R5

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R1 - Died

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Prayer : Civil Miscellaneous Petition is filed under Order 41 Rule 19 read with Section 151 of the Code of Civil Procedure to set aside the order of the dismissal as abated in Second Appeal in S.A.(MD)No.279 of 2011 dated 30.01.2017 and restore the same on the file of this Court.

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ORDER

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This Civil Miscellaneous Petition has been filed to set aside the order of the dismissal as abated in Second Appeal in S.A.(MD)No.279 of 2011 dated 30.01.2017 and restore the same on the file of this Court.

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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 the petitioners submitted that the delay

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of 3298 days in filing the present restoration petition had already been condoned by this Court on 03.06.2026 in C.M.P.(MD)No.3745 of 2026 in S.A.(MD)No.279 of 2011.

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2/4

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

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CMP(MD) NO. 8062 of 2026

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The learned counsel for respondent Nos.2 to 5 has not raised any

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serious objection to this petition.

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Being satisfied with the reasons stated in the affidavit, and also considering the fact that this is only a consequential petition, this Civil Miscellaneous Petition is allowed.

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30-06-2026

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Note : The Registry is directed to restore the Second Appeal in S.A. (MD)No.279 of 2011 and list the same on 03.07.2026 .

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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. 8062 of 2026