Minor. B.Madhu Priya v. Muthumuniyandi(Died)

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

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI AS(MD) NO. 113 of 2009 1.Minor.B.Madhu Priya 2.Minor. Lathika Sri (Minor Petitioners are rep.

by their next friend and natural Guardian their Mother Mariammal) Petitioner(s) Vs 1.Muthumuniyandi (Died) 2.V.Balakrishnan 3.M.Ponmari 4.M.Muniarajan 5.M.Vinoth (Respondents 3 to 5 are brought on record as LRs of the deceased 1st Respondent vide court order dated 1/5

10.07.2025 made CMP(MD) Nos.9268, 9270, and 9271 of 2025 in AS(MD)No.113 of 2009 and also the consequential order dated 01.08.2025 by KKRKJ) Respondent(s) For Petitioner(s):

Mr.I.Velpradeep, Advocate For Respondent(s):

Mr.B.Ponnupandi, Advocate for R3 to R5 R2 - No Appearance R1 - Died Prayer : Civil Miscellaneous Petition is filed to condone the delay of 815 days in filing the Restoration Petition to set aside the order of dismissal for non-prosecution passed in the above AS(MD) No.113/2009 dated 05.08.2022.

ORDER

This Civil Miscellaneous Petition is filed to condone the delay of 815 days in filing the restoration petition to restore the Appeal Suit in A.S.(MD)No.113 of 2009, which was dismissed for non-prosecution on 05.08.2022.

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

3. The names of the 2nd respondent has been printed in the cause list.

4. The learned counsel for respondent Nos.3 to 5 has raised only formal objection to this petition.

5. Being satisfied with the reasons stated in the affidavit, this Civil Miscellaneous Petition is allowed.

09-03-2026 Note : The Registry is directed to number the restore petition filed in C.M.P.(MD)SR No.88082 of 2024, if it is otherwise in order. 3/5

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P.VADAMALAI, J.

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