Madras High CourtCMP(MD)/14487/2025allowed

P.Suresh v. Palavesamuthu Nadar

2026-03-09Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-03-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI AS(MD) NO. 66 of 2014 1.P.Suresh 2.P.Mahesh Petitioner(s) Vs 1.Palavesamuthu Nadar 2.Shanmugapillai (Died) 3.Dhanushamathi 4.S.Pushpavalliyammal 5.M.S.Murugan 6.M.S.Chockalingam 7.S.Krishnan Alias Annamalai 8.M.Shanmugam 9.M.Pushpavalli (Respondent Nos.8 to 9 are brought on record as 1/4

LRs of the deceased 2nd Respondent vide Court order dated 22.03.2024 made C.M.P.

(MD).No.3792 of 2024) Respondent(s) For Petitioner(s):

Mr.Sivathilakar S, Advocate For Respondent(s):

Mr.D.Nallathambi, Advocate for R4 to R9 R1 & R3 - No Appearance R2 - Died Prayer : Civil Miscellaneous Petition is filed to set aside the order dated 30-07-2025 and restore the above First Appeal which was dismissed for default on 30.07.2025 in A.S(MD) No.66 of 2014 file of this Court.

ORDER

This Civil Miscellaneous Petition has been filed to set aside the order dated 30.07.2025 passed by this Court in A.S.(MD)No.66 of 2014, by which the appeal was dismissed for default, and to restore the same.

2. Heard the learned counsel appearing on either side and perused the affidavit filed in support of this petition. 2/4

3. The names of the 1st and 3rd respondents have been printed in the cause list.

4. The learned counsel for respondent Nos.4 to 9 has not raised any objection to this petition and has requested this Court to list the main Appeal Suit for final hearing.

5. Being satisfied with the reasons stated in the affidavit, and also considering the submissions made by the learned counsel for respondent Nos.4 to 9, this Civil Miscellaneous Petition is allowed. 09-03-2026 Note : The Registry is directed to restore the Appeal Suit in A.S.(MD) No.66 of 2014 and list the same under the caption "For Final Hearing" on 24.03.2026.

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P.VADAMALAI, J.

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