CMP NO. 22701 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-02-2025 CORAM THE HONOURABLE MR JUSTICE S. S. SUNDAR CMP NO. 22701 of 2022 AND SA NO. 1082 OF 2001 Rajappa Naidu (Died) and 5 Others Appellant(s) Vs RAMACHANDRAN S/o.Govindappa Naidu, Vannampalli Village, Mallinayanapalli Post, Krishnagiri Taluk and District and 3 Others Respondent(s) SA NO. 1082 of 2001 1.RAJAPPA NAIDU (Died) ,S/O.GOVINDAPPA Naidu,Vannampalli Village, Mallinayanapalli Po.,Krishna -giri Tk.,Dharmapuri Dist. and 5 Others Appellant(s) Vs 1.Ramachandran,s/o.Govindappa Naidu, Vennampalli Village, Mullinayanapalli Po., Krishna Giri Tk., Dharmapuri Dist. and 3 Others Respondent(s) CMP NO. 22701 of 2022 For Appellant(s): https://www.mhc.tn.gov.in/judis M/s.V.Nicholas N.E.A.Dinesh J.Hariharan For Respondent(s): Mrs.V.Srimathy for R1 R-3 Rangasamy R-4 Venkatesan R2 - Refused Pvt Notice ---------- Aos Not Filed SA NO. 1082 of 2001 For Appellant(s): M/s.V.Nicholas N.E.A.Dinesh M/s.V.RaghavachariV.Srimathi For R1R2 And R4 - Not KnownR3 - No Such PersonSome Of The Respondents ReportedDead- Vide B/o Dt 17/2/2021 ( Steps Due) For Respondent(s): Mr.V.Ssrimathy for R1 ORDER 1. Learned counsel for the 1st respondent is present in Court. Notice issued to respondents 3 and 4 is served on them on 17.02.2025. However, the 2nd respondent has refused to receive the Court notice. This Court, therefore, takes that service is completed. 2. This petition is filed only to set aside the order of dismissal on 26.04.2024 for non prosecution and to restore the second appeal. https://www.mhc.tn.gov.in/judis 3. In the affidavit filed in support of this miscellaneous petition, the petitioners have given reasons for the non appearance on the date when the second appeal was taken up and dismissed for non prosecution. Even the learned counsel for the 1st respondent who is present, has no serious objections. She left the matter to the discretion of the Court. 4. This Court, considering the reasons stated in the affidavit filed in support of the petition, is convinced that the petitioners have given sufficient cause for non appearance. 5. Accordingly, the petition is ordered and the second appeal is restored. 6. Post the second appeal in the usual course. 25-02-2025 AP CMP NO. 22701 of 2022 To 1. RAMACHANDRAN S/o.Govindappa Naidu, Vannampalli Village, Mallinayanapalli Post, Krishnagiri Taluk and District 2. Purushothaman S/o.Govindappa Naidu, Vannampalli Village, Mallinayanapalli Post, Krishnagiri Taluk and District https://www.mhc.tn.gov.in/judis 3. Rangasamy S/o.Rajappa Naidu, Vannampalli Village, Mallinayanapalli Post, Krishnagiri Taluk and District 4. Venkatesan S/o.Rajappa Naidu, Vannampalli Village, Mallinayanapalli Post, Krishnagiri Taluk and District SA NO. 1082 of 2001 1. 1.Ramachandran,s/o.Govindappa Naidu, Vennampalli Village, Mullinayanapalli Po., Krishna Giri Tk., Dharmapuri Dist. 2. 2.Purushothaman,s/o.Rajappa Naidu, Army No.1567952, 36 Fd. Copy, 8, Eng.Regiment, C/o.56 Apo. 3. 3.Rangasamy,s/o.Rajappa Naidu, Army No.14479995, Army No. 775/77, Medium Regiment, C/o.99 Apo. 4. 4.Venkatesan,s/o.Rajappa Naidu Arimyno.153056279, Campo-pln- 657, Ebgr-brid, Ge-unit, C/o.56, Apo. https://www.mhc.tn.gov.in/judis