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Madras High CourtCRL MP(MD)/4344/2024allowed

Ponsekar v. The Inspector Of Police

2024-08-30Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice J.Sathya Narayana Prasad6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL CMP(MD).No.4344 of 2024 in AS(MD)No.40 of 2010 Lakshmanan (Died) Gowri ... Petitioner/Proposed 2nd Appellant Vs 1.Mariammal 2.Ayyathurai 3.Thangavelu 4.Madurai Veeran 5.Rajammal 6.Nagalakshmi 7.Selvam 8.Mayavan 9.Kaleeswari 10.Pappathi 11.Pandi 1/6

12.Ramasamy 13.Veeran 14.Nagaraj 15.Subramani 16.Chinnapandi 17.Chinnamuthu 18.Murugan 19.Shanmugam 20.Periapandi 21.Raja 22.K.Madurai Veeran 23.Kalimuthu 24.A.Madurai Veeran 25.Muniyan 26.Dhanam 27.Archunan 28.Ramakrishnan Chettiar 29.Kesavan 30.Sundarambal 31.Nagarajan (Died) 32.Mariammal (Died) 33.Kasirajan 34.Pandiammal 2/6

35.Kumaresan (Died) 36.Muthulakshmi 37.Bhuvaneshwari 38.Sabarishwaran 39.Revathi 40.K.Jeevitha 41.K.Manimaran ... Respondents 1 to 41/ Respondents 1 to 41 42.L.Baby Chandra 43.A.Indirani 44.L.Chellapandian 45.L.Muthupandian 46.L.Durai Pandian 47.P.Gnanammal ... Respondents 42 to 47/ Respondents 42 to 47 PRAYER :- To recall the order passed by this Court in its order dated 31.01.2024 made in A.S.(MD)No.40 of 2010 and to restore the Appeal Suit.

For Petitioner : Mr.K.Hemakarthikeyan 3/6

Advocate.

ORDER

This petition has been filed to recall the order passed by this Court in its order dated 31.01.2024 made in A.S.(MD)No.40 of 2010 and to restore the Appeal Suit.

2. The main ground raised by the learned counsel for the petitioner is that the father of the petitioner died on 01.09.2022 leaving behind the respondents 42 to 47 and this petitioner as legal heir. After the demise of the their father, the legal heirs and the brothers of the petitioner decided to settle the issue without the presence of the petitioner and thereafter, the matter has been compromised. Therefore, the order passed by this Court, dated 31.01.2024, has to be recalled.

3. The petitioner has not produced any document to substantiate her contention. The petitioner can very well approach 4/6

the appropriate forum in accordance with law, since she is not a party to the proceedings, she can work out her remedy in the manner known to law.

4. In view of the same, there is no ground to recall the order passed by this Court dated 31.01.2024. Accordingly, this Civil Miscellaneous Petition is dismissed.

21.04.2026 dss 5/6

P. DHANABAL,J dss To

1. The Additional District Judge, Fast Track Court, Dindigul.

2.The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL MP(MD) No.4344 of 2024 Date : 21/04/2026 6/6