Madras High CourtA/5873/2024allowed

P.R.Shanmugasundaram v. R.Mallika .

2024-12-20Honourable Mr Justice P.B. Balaji2 pages

A NO. 5873 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-12-2024

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI A NO. 5873 of 2024 AND A NO. 282 OF 2024, CS NO. 125 OF 1996, A NO. 281 OF 2024 P.R.Shanmugasundaram S/o.P.S.Rajasekaran, No.1/233, Ponniamman Koil Street, Madipakkam, Ch-600 091. (the Plaintffs 2 To 4 Are Brought On Record As The Lrs Of Sole Plaintiff As Per Order Dt. 30.08.2016 In Appl.No.6167/13 And 4628, 4629/16) Applicant(s) Vs R.Mallika .

W/o.Late P.S.Rajasekaran, No.1/233, Ponniamman Koil Street, Madipakkam, Chennai 600 091. and 11 Others Respondent(s) A Nos.281 & 282 of 2024 P.R.Shanmugasundaram S/o.P.S.Rajasekaran, No.1/233, Ponniamman Koil Street, Madipakkam, Ch-600 091. (the Plaintffs 2 To 4 Are Brought On Record As The Lrs Of Sole Plaintiff As Per Order Dt. 30.08.2016 In Appl.No.6167/13 And 4628, 4629/16) Applicant(s) Vs R.Mallika .And 10 Others S/o.P.S.Rajasekaran, No.1/233, Ponniamman Koil Street, Madipakkam, Ch-600 091. (the Plaintffs 2 To 4 Are Brought On Record As The Lrs Of Sole Plaintiff As Per Order Dt. 30.08.2016 In Appl.No.6167/13 And 4628, 4629/16) and 10 Others Respondent(s) CS NO. 125 of 1996 P. Rajasekaran (deceased) S/o. Late. Sivam Mudaliar, Residing At Old No.139/1, New No.1/233, Ponniamman Koil Street, Madipakkam, Ch-600 091. https://www.mhc.tn.gov.in/judis

and 3 Others Applicant(s) Vs S.Saraswathi(died) S/o. Late. Sivam Mudaliar, Residing At Old No.139/1, New No.1/233, Ponniamman Koil Street, Madipakkam, Ch-600 091. and 11 Others Respondent(s) A NO. 5873 of 2024 For Applicant(s): Ms.D.Esther Priya For Respondent(s): Mr.D.Nellaiappan

ORDER

This Application in A.No.5873 of 2024 is filed to condone the delay of 378 days in filing the restoration petition to restore the suit on file which has been dismissed as against 5th defendant.

2. Mr.D.Nellaiappn, learned counsel for the respondents has no serious objection for this Application being allowed as prayed for.

3. Considering the suit is one for partition, this Application for delay is condoned and accordingly ordered.

4. The learned counsel for the respondents is directed to comply with the order of this Court dated 18.07.2024.

5. Post the matter on 09.01.2025.

20-12-2024 rkp Note: Registry is directed to number the restoration petition, if it is otherwise in order. https://www.mhc.tn.gov.in/judis