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2025 DAILYLAW 8205 (MAD)

ARUMUGAM (Dead) 2.Ravichandran v. Arunachalam (Dead), 2.P.Kathirvel

CMP(MD)/13487/2025 · 2026-07-13

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP(MD). No.13487 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13/07/2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CMP(MD). No.13487 of 2025 in SA(MD)No.133 of 2018 1. Arumugam (Dead) 2. Ravichandran, ... Petitioners Vs 1. Arunachalam (Dead), 2.P.Kathirvel, 3. Muthurasammal, 4. A.Karthikeyan ... Respondents PRAYER :- To pass an order restoring S.A.(MD).No.133 of 2018, which was dismissed on 07-07-2025, with respect to 2nd appellant. For Petitioners : Mr.S.Anand Chandrasekar for M/s.Sarvbhauman Associates, For Respondents : Mr.A.V.Arun For R2 to R4, ORDER This Petition is filed to restore S.A.(MD).No.133 of 2018, which was dismissed on 07.07.2025, with respect to 2nd appellant. 2.The learned counsel for the petitioners would submit that, after the death of the first appellant, the house in which he had been residing 1/3 https://www.mhc.tn.gov.in/judis CMP(MD). No.13487 of 2025 became dilapidated and eventually crumbled down. It is further submitted that the present whereabouts, including the place of residence and address of the son and daughter of the deceased first appellant, are not known to the second appellant. Despite making diligent efforts and enquiries, the second appellant was unable to ascertain their addresses. Hence, the learned counsel prayed for restoration of the appeal, in respect of second appellant is concerned. 3. The learned counsel appearing for respondents 2 to 4 raised a strong objection, contending that the petitioner is wantonly dragging on the proceedings with the sole intention of protracting the litigation. 4. Considering the fact that to give one more opportunity to the petitioners, this Petition is allowed and the appeal is restored on payment of cost of Rs.2,000/- (Rupees Two Thousand only) to the learned counsel for the respondents 2 to 4 within one week from today. On production of receipt of such payment, the Registry is directed to restore the second appeal and list the same on 07.08.2026. 13.07.2026 LS 2/3 https://www.mhc.tn.gov.in/judis CMP(MD). No.13487 of 2025 T.V.THAMILSELVI,J LS CMP(MD). No.13487 of 2025 in SA(MD)No.133 of 2018 Date : 13/07/2026 3/3 https://www.mhc.tn.gov.in/judis