Madras High CourtCMP(MD)/12866/2024ordered

Maasana Konar (Died) Krishnammal v. Arumugam

2026-06-30Honourable Mrs Justice T.V.Thamilselvi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/06/2026

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI in SA(MD)No.276 of 2024 Maasana Konar (Died) Krishnammal, ... Petitioner(s) - Vs. -

1. Arumugam

2. Maasanam

3. Parvathi

4. Petchi Ammal ... Respondent(s) Prayer : To set aside and restore the order passed in S.A.(MD).No. 276/2024 dated 18-07-2024 before this Court and thus render justice. For Petitioners : Mr.S.R.Anbarasu For R1 : Mr.P.Prasad Pandian For R2 to R4 : No appearance 1/4

ORDER

This Petition is filed to restore the order passed in S.A.(MD).No. 276/2024 dated 18-07-2024 before this Court.

2. On 18.07.2024, the second appeal was listed under the caption "For Dismissal." Even on that day, the learned counsel for the appellant did not appear. Therefore, the second appeal was dismissed for default.

3. The learned counsel for the petitioner would submit that when the second appeal was listed on 18.07.2024, the counsel for the petitioner was suffering from severe back pain and was taking treatment and hence, he was not able to appear before this Court. Therefore, the second appeal was dismissed for default.

4.In view thereof, this Court gives one more opportunity to the petitioner. Accordingly this Court is inclined to allow the said application on payment of cost of Rs.2,000/-. Accordingly, this Petition is allowed on payment of cost of Rs.2,000/- (Rupees Two Thousand only) to the learned counsel for the respondents within a week from 2/4

today. On production of receipt of such payment, the Second Appeal is restored to file.

5. Registry is directed to list the matter for hearing on 14.07.2026. 30.06.2026 Ns 3/4

T.V.THAMILSELVI,J.

LS in SA(MD)No.276 of 2024 30/06/2026 4/4