Madras High CourtCMP(MD)/1414/2025dismissed for nonprosecution

Minor. Ramalingam v. Neduchezhian

2025-12-11Honourable Mrs Justice R. Kalaimathi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI C.M.P.(MD)No.1414 of 2025 in S.A.No.293 of 1999 1.Minor Ramalingam 2.Minor Anantha Lakshmi 3.Minor Karpagavalli ... Petitioners/Petitioners vs.

1.Neduchezhian 2.Elamaran 3.Manirasan 4.Petchiammal 5.Kannaki ... Respondents/respondents PRAYER: Civil Miscellaneous Petition is filed under Order 41 Rule 19 of C.P.C., to set aside the order, dated 27.08.2024 dismissing the C.M.P(MD). No.10843 of 2024 in S.A(MD) No.293 of 1999 for default and restore it to file and dispose of it according to law. Page No. 1 of 4

For appellants : No appearance For R2, R3 and R5 : Mr.S.Srinivasaraghavan *****

J U D G M E N T

This Civil Miscellaneous Petition has been filed to set aside the order, dated 27.08.2024 made in C.M.P(MD) No.10843 of 2024 in S.A(MD) No.293 of 1999 and restore it to file and dispose of it according to law.

2. The Second Appeal is of the year 1999. The Original Suit was filed in the year 1993 before the Sub Court, Srivilliputhur by the appellants herein. On perusal of records, it appears that the Second Appeal was dismissed for default by an order, dated 21.12.2022. In respect of the said order, an application under Section 151 of C.P.C was taken out by the present petitioners in C.M.P(MD) No.10843 of 2024. On 27.08.2024, as there was no representation for the petitioners, the said application was dismissed for non prosecution. To restore the said application, the present application is taken out and when the matter came up for hearing on 04.12.2025 as there was no representation for the petitioners/appellants, the matter is posted today i.e.11.12.2025 under the caption "for Page No. 2 of 4

dismissal". Today also, there is no representation for the petitioners/appellants.

3. In view of the above, this Civil Miscellaneous Petition is dismissed for non prosecution.

11.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Indu To The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

Page No. 3 of 4

R.KALAIMATHI,J Indu Order made in C.M.P.(MD)No.1414 of 2025 in S.A.No.293 of 1999 11.12.2025 Page No. 4 of 4