S.Indhumathi v. R. Muthulakshmi

CMP No. 2463 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR CMP No. 2463 of 2026 in A.S.No.638 of 2019 S.Indhumathi W/o. Late Janadhanam, Behind Linga Bairavi Jewellers and near Police Station, No.61/C, Siruvani Main Road, Alandurai, Perur Taluk, Coimbatore District.

..Appellant(s) Vs R. Muthulakshmi W/o. T.Ravichandran, Subbiah Gounder Thottam, Thippampatti Post, Pollachi Taluk, Coimbatore District.

..Respondent(s) PRAYER - This Civil Miscellaneous Petition is filed under Rule 19 of C.P.C. to restore AS.No.638 of 2019, which was dismissed for default on 20.01.2026. For Appellant(s):

Mr.B.Nedunzhelian For Respondent(s):

M/s.V.Srimathi

ORDER

(Order of the Court was made by C.V.Karthikeyan J.) This petition has been filed to restore A.S.No.638 of 2019, which has been dismissed for non-prosecution on 20.01.2026. __________ https://www.mhc.tn.gov.in/judis

CMP No. 2463 of 2026 C.V.KARTHIKEYAN, J.

AND K.RAJASEKAR, J.

GSA 2.On that particular date, the counsel for the petitioner who is the appellant in the appeal was not present. Noting that sufficient adjournments have been granted and that there was no inclination to argue the appeal, the appeal was dismissed for non-prosecution.

3.The appeal arises from a suit seeking specific performance, which has been dismissed. We have heard the learned counsel for the respondent also. 4.Taking all the factors into consideration, this petition stands allowed and Appeal Suit is restored to file.

5.Registry is directed to list A.S.No.638 of 2019 for hearing on 24.03.2026.

(C.V.K.,J.) (K.R.S.,J.) 09-03-2026 Index: Yes/No Speaking/Non-speaking order GSA CMP No. 2463 of 2026 in A.S.No.638 of 2019 __________ https://www.mhc.tn.gov.in/judis