Madras High CourtCMP(MD)/1119/2025withdrawn dismissed

R.Anbalagan v. Rm.Ramanathan

2026-02-27Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27-02-2026

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CMP(MD) No.1119 of 2025 in SA(MD) No.6 of 2016 1.R.Anbalagan 2.R.Mathialagan Petitioners/ Appellants Vs 1.RM.Ramanathan 2.R.M.Subramaniyan (died) 3.RM.Narayanan 4.S.P.Gnanabal 5.C.Alamelu 6.Vijayalakshmi 7.Saranya 8.Ramasamy Respondents/ Respondents 1/3

This Civil Miscellaneous Petition filed under Section 5 of Limitation Act praying to condone the delay of 243 days in filing an application to set aside the order dated 03.04.2024 made in the above second appeal in S.A.(MD)No.6 of 2016. For Petitioners: Mr.G.Prabhu Rajadurai, Advocate For Respondents: Mr.S.Baskaran, Advocate for R3 No appearance for R4, R5, R7 & R8 R6-Batta not paid

ORDER

The above petition has been filed seeking orders to condone the delay of 243 days in filing an application to restore the second appeal, which was dismissed on 03.04.2024.

2. It is seen from the records that the second appeal was already dismissed on 03.04.2024 and the present petition has been filed to condone the delay of 243 days in filing an application for restoration along with the application for restoration.

3. When the matter is taken up today, the learned counsel appearing for the petitioners has filed a letter given by the petitioners requesting the counsel on record to withdraw the second appeal. The learned counsel appearing for the petitioners has also 2/3

made an endorsement to the said effect. Hence, this Civil Miscellaneous Petition stands dismissed as withdrawn. Since the petition to condone the delay is dismissed as withdrawn, the petition seeking restoration is also rejected. 27-02-2026 CSM To 1.The Sub Judge, Sivagangai.

2.The District Munsif, Sivagangai.

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