Madras High CourtCMP(MD)/12619/2025allowed

P.R.Kumarappan (Died), 1) Pr.Nagappan @ Rathnam v. Pr.Venkatachalam (Died), 1. M.Vasantha,

2025-09-23Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice R.Vijayakumar5 pages

C.M.P.(MD)No.12619 of 2025 in A.S.No.115 of 2013 C.M.P(MD)No.12620 of 2025 in (Order of the Court was made by C.V.KARTHIKEYAN, J.) Both THE Civil Miscellaneous Petitions have been filed to restore the A.S(MD)No.115 of 2013 and A.S(MD)No.116 of 2013 with respect to the second respondent Vasantha in A.S(MD).No.116 of 2013 and fifth respondent in A.S(MD)No.115 of 2013.

2. In the affidavit filed in support of the two petitions, it had been stated that the appeals have been dismissed as against the said respondent owing to non filing of batta. Earlier applications have been filed to condone the delay in filing the application to restore the appeal, the delay has been condoned. These are the consequent applications.

3. Both the Appeal Suits are restored as against the second respondent (Vasantha) in A.S(MD)No.115 of 2013 and as against the fifth respondent (Vasantha) in A.S(MD).No.116 of 2013). [C.V.K., J.] [R.V., J.]

C.V.KARTHIKEYAN , J.

R.VIJAYAKUMAR , J.

C.M.P.(MD)No.12619 of 2025 in A.S.No.115 of 2013 C.M.P(MD)No.12620 of 2025 in

A.S(MD)No.115 of 2013 Registry is directed to reflect the death of the first respondent and bring on record the legal representatives in the cause title.

2. Issue notice to the second respondent Vasantha through Court and also privately returnable by 14.10.2025.

[C.V.K., J.] [R.V., J.]

Issue notice to the fifth respondent Vasantha through Court and also privately returnable by 14.10.2025.

[C.V.K., J.] [R.V., J.]