Veeramuthu Naicker v. Rangaraju Naidu (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN CMP.No.3518 of 2017 in S.A.No.1049 of 1992 1.Veeramuthu Naicker 2.Chinnaswami Naicker 3.Muthuvel (died) 4.Vaiyapuri Udayar (died) 5.Masilamani Ammal (died) 6.Muniammal 7.M.Ramalingam 8.M.Durairaj 9.M.Veeramuthu 10.M.Muthukumar 11.M.Muthulakshmi 12.Poomathi 13.Valarmathi 14.V.Pannerselvam 15.V.Ilaiyakannu 16.Marimuthu 17.Pachamuthu ... Petitioners Vs.

1.Rangaraju Naidu (died) 2.Prema 3.Murali ... Respondents For Petitioners : Mr.P.Dinesh Kumar For Respondents 2 & 3: Mr.Pon Balaji

ORDER

This application has been filed to restore the second appeal which was dismissed for default on 24.01.2017.

2. A perusal of the judgment dated 24.01.2017 shows that on the day, the appeal was listed for hearing, the present counsel for the petitioners had reported that the appellants had instructed him to appear in the matter, but vakalat had not yet been executed. On an earlier day, namely 23.01.2017, the counsel for the appellant had reported that he is not ready to argue the matter. Consequently, the appeal was listed for dismissal. On 24.01.2017, as Vakalat had not yet been filed, this court dismissed the appeal for non prosecution. An application was filed to restore in time on 20.02.2017 along with vakalat of all the appellants.

3. Ms.Swathi states that she has taken steps for the respondents. The respondents have been served. The counsel has also entered appearance earlier. There is no representation on behalf of the respondents.

4. I am satisfied with the reasons stated in the affidavit filed in support of this petition. This miscellaneous petition stands allowed and the Appeal is restored.

5. Post the appeal for hearing on 20.01.2026. 15.12.2025 nl To 1.The Subordinate Judge, Cuddalore, 2.The Principal District Munsif, Kallakurichi

V. LAKSHMINARAYANAN. J, nl CMP.No.3518 of 2017 in S.A.No.1049 of 1992 15.12.2025