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Madras High CourtCMP(MD)/4932/2024ordered

S.Subbiah v. Sivasami Thevar(Died) 2. P.Pandian (Died) 3. State Of Tamilnadu

2026-04-20Honourable Ms.Justice R. Poornima3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-04-2025

CORAM

THE HONOURABLE MS.JUSTICE R. POORNIMA CMP(MD) No.4932 of 2024 in SA No.2181 of 2003 1.S.Subbiah 2.Mohamed Mohaidheen (Died) 3.Peter Louis Pandian (Died) 4.Chinna Manickarn (Died) : Petitioners/Appellants Vs.

1.Sivasami Thevar (Died) 2.P.Pandia (Died) 3.State of Tamil Nadu, Rep. By District Collector, Tirunelveli.

4.Executive Engineer, PWD, Rajapalayam, Virudhunagar District.

5.The Tahsildar, Sivagiri Taluk, Sivagiri Post, Tirunelveli District.

6.Executive Engineer, P.W.D. (Planning) Office of P.W.D, Tirunelveli.

Tirunelveli.

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7.Rasingaperi. : Respondents/Respondents 1 to 7 8.S.Boominathan 9.S.Kirubakaran : Respondents 8-9/ Proposed Respondents 8-9/ LR.s of deceased 1st respondent 10.Kaliammal 11.Velloorththai 12.Pechiammal 13.P.Selvakumar 14.S.A.Subramanian Raja 15.Thangavelu : Respondents 10-13/ (R1 and R2 died, R8, R14 and Proposed Respondents 10-13 F15 are substituted for R1 and R2 LR.s of deceased 2nd Respondent vide court order, dated 11.07.2025 made in SA No.2181 of 2003) For Petitioner(s) : Mr.R.Devaraj For Respondent(s) : Mr.G.V.Vairam Santhosh, Additional Government Pleader for R3 to R6 Prayer:- This Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, to condone the delay of 212 days in filing the restoration petition in the above appeal.

ORDER

This application has been filed to condone the delay of 212 days in filing the restoration petition.

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2.The learned Additional Government Pleader appearing for the respondents 3 to 6 has no serious objection to allow this petition. 3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed. 4.Registry is directed to number the restoration application, if it is otherwise in order. Print the name of Mr.F.X.Eugene, learned counsel entered appearance for the respondents 8 to 15. 20-04-2026 er 3/3