Kamalam v. Thirunavukarasu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2026

CORAM

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL IN S.A.NO.924 OF 2004 1.Kamalam (Died) 2.Sabapathy S/o.M.Thangappan No.6, Nanjappa Chetty Street, Rasipuram Town, Rasipuram Taluk, Namakkal District.

Presently residing at No.62, Town Bank Street, Rasipuram, Namakkal District.

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Petitioner / 2nd Appellant Vs.

Thirunavukarasu S/o. Venkatachala Udayar Ezil Nagar, Pazhapudi, Salem District.

...

Respondent / Respondent PRAYER: Civil Miscellaneous Petition filed under Order XLI Rule 19 of the Code of Civil Procedure, 1908, praying to set aside the Judgment dated April

10, 2018 made in S.A.No.924 of 2004 on the file of this Court dismissing the Second Appeal for non-prosecution and restore the above appeal on the file of this Court.

For Petitioners :

Mr.N.Ponraj For Respondent :

Mr.G.Palani

O R D E R

Mr.N.Ponraj, learned Counsel for the petitioner is before this Court. Mr.G.Palani, learned Counsel for the respondent is before this Court through Video Conferencing Mode.

2.Heard both sides. This Court has perused the case file and the affidavit filed in support of this Civil Miscellaneous Petition. 3.Mr.N.Ponraj, learned Counsel appearing for the petitioners submits that the Civil Miscellaneous Petition in CMP No.6256 of 2003 filed to condone the delay of 1705 days in filing the petition to restore the Second Appeal was allowed by this Court by an Order dated August 24, 2003 and this Civil Miscellaneous Petition is a consequential petition. Accordingly, he prays to allow this petition, set aside the Judgment passed by this Court and restore the Second Appeal on file.

4.Mr.G.Palani, learned Counsel appearing for the respondent has opposed this petition and prayed to dismiss the petition. 5.On perusal of records, it is seen that this Court has already allowed the Civil Miscellaneous Petition in CMP No.6256 of 2023 filed under Section 5 of Limitation Act, 1963 praying to condone the delay of 1705 days in filing an application to restore the Second Appeal by an Order dated August 24, 2023 subject to payment of costs. The said Order has been complied with. 6.This Civil Miscellaneous Petition has been filed praying to set aside the Judgment dated April 10, 2018 made in S.A.No.924 of 2004 dismissing the Second Appeal for non-prosecution and restore the Second Appeal to the file of this Court. This petition is a consequential petition. 7.Having satisfied with the reasons stated in the accompanying affidavit, this Civil Miscellaneous Petition is allowed and the Judgment dated April 10, 2018 passed by this Court is set aside and the Second Appeal is restored to the file of this Court.

11.03.2026 (1/2) TK

R.SAKTHIVEL, J.

TK IN S.A.NO.924 OF 2004 11.03.2026 (1/2)