Madras High CourtCMP(MD)/15591/2025allowed

Thangaraj v. Tamilarasan

2025-09-23Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in SA(MD) NO. 81 of 2022 1.Thangaraj 2.Thiyagarajan 3.Saravanakumari 4.Thangal 5.Ulganayaki 6.Kalaiselvi 7.Muthulakshmi Petitioner(s) Vs 1.Tamilarasan 2.Pushpalatha 3.Logasundari 4.Kalaiselvam 5.Kannan 6.Dhaniyalakshmi 1/4

7.Velankanni 8.Velsekaran Respondent(s) For Petitioner(s):

Mr.J.Nanthakumar, Advocate For Respondent(s):

Mr.J.Bharathan, Advocate for R1 & R3 Prayer : Civil Miscellaneous Petition is filed to set aside the order of dismissal for default, dated 25.04.2024, passed in C.M.P.(MD) No.3333 of 2024 in S.A.(MD) No.81 of 2022, on the file of this Court and restore the same to file.

ORDER

This Civil Miscellaneous Petition has been filed to restore the Civil Miscellaneous Petition in C.M.P.(MD)No.3333 of 2024 in S.A. (MD)No.81 of 2022, which was dismissed for default on 25.04.2024.

2. Heard the learned counsel for the petitioners and the learned counsel for respondent Nos.1 & 3, and I have perused the affidavit filed in support of this petition.

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3. The learned counsel for respondent Nos.1 & 3 has not raised any objection to allow this petition.

4. The delay of 429 days in filing the present restoration petition was already condoned by this Court on 03.09.2025 in C.M.P.(MD) No.13497 of 2025 in S.A.(MD)No.81 of 2022.

5. Being satisfied with the reasons stated in the affidavit, and also considering the fact that this is only a consequential petition, this Civil Miscellaneous Petition is allowed.

23-09-2025 (1/2) Note : The Registry is directed to restore the Civil Miscellaneous Petition in C.M.P.(MD)No.3333 of 2024 and list the same on 14.10.2025.

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P.VADAMALAI, J.

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