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Madras High CourtCMP(MD)/6489/2026allowed

1. Rajalakshmi (Died) 2. Kamaraj v. Jothi

2026-06-01Honourable Mr Justice G.R.Swaminathan,Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R. POORNIMA in A.S(MD)No.166 of 2020 1.C.Rajalakshmi (died) 2.Kamaraj 3.Parameswari 4.Balaji 5.Durga ... Petitioners / Appellants No.2 to 5 Vs.

1.Jothi ... Respondent / Respondent 2.Rani 3.V.Jagadeeswaran 4.V.Ramila Devi 5.V.Usha Devi ... Respondents / Respondents Prayer: The Civil Miscellaneous Petition filed under Order 41 Rule 19 and Section 151 of CPC to set aside the order dated 06.11.2025 and restore the main Appeal Suit in A.S(MD)No.166 of 2020, on the file of this Court.

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For Petitioners : Mr.S.Ayyanar Prem Kumar

ORDER

(Order of the Court was made by G.R.Swaminathan J.) This Civil Miscellaneous Petition has been filed seeking restoration of the appeal, which was dismissed for default. The respondents oppose the prayer made in this Petition. However, we are satisfied that since the delay in filing the restoration petition is only nominal and that the appeal itself is of the year 2020, the relief sought for can be granted.

2.This Civil Miscellaneous Petition stands allowed. [G.R.S., J.] [R.P, J.] 01.06.2026 MGA 2/3

G.R.SWAMINATHAN,J.

AND R.POORNIMA , J.

MGA in A.S(MD)No.166 of 2020 01.06.2026 3/3