Elumalai v. Ranganayaki

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.No.15135 of 2025 in A.S.No.111 of 2020 Elumalai ... Petitioner / Appellant Vs.

1. Ranganayaki

2. Doss

3. Anbu

4. Ponniammal (deceased)

5. Radha ... Respondents / Respondents

6. A. Balakrishnan

7. Mrs.Vijaya

8. S.Tamilselvan

9. Logeswari

10. Gopi Kannan

11. Jagan ... Respondents / Legal heirs of decceased 4th respondent / proposed parties PRAYER IN CMP.No.15135 of 2025 : This Civil Miscellaneous Petition filed under Order 41 Rule 19 of CPC, praying to restore the appeal in A.S.No.111 of 2020 as against respondents 4 & 5 and thus render justice. For Petitioner :

Mr.S.Ramesh For Respondents :

Mr.Rajasekar for R1 to R3 Page No.1 of 4

ORDER

This Civil Miscellaneous petition is filed by the petitioner / appellant seeking to restore the above appeal in A.S.No.111 of 2020 which was dismissed for non-prosecution on 20.02.2023 as against respondents 4 & 5.

2. Heard Mr.S.Ramesh, learned counsel appearing for the petitioner / appellant and Mr.Rajasekar, learned counsel appearing for the respondents 1 to 3 and he has no serious objection for allowing this Petition.

3. On being satisfied with the reasons stated in the affidavit filed in support of the petition and also considering the fact that the respondents 1 to 3 has no serious objection in allowing the petition, this Court is inclined to allow the petition. Accordingly, this petition is allowed without costs.

4. Registry is directed to restore the A.S.No.111 of 2020 as against respondents 4 & 5 and post the Appeal suit for hearing on 08.07.2025. 03.07.2025 av Index : Yes / No : Yes / No Speaking Order : Yes / No Page No.2 of 4

To The Principal District Court, Chengalpattu.

To TCourt of Small Causes, Page No.3 of 4

R.SAKTHIVEL, J.

av CMP.No.15135 of 2025 in A.S.No.111 of 2020 CMA NOS.423 AND 828 OF 2021 03 / 07 / 2025 (1/2) Page No.4 of 4