CMP No. 24720 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CMP No. 24720 of 2025 in S.A.No.427 of 2016 Chengan (died) 1.Karuppasamy, S/o.late Chengam, 2.Munusamy 3.Ganapathy 4.Lakshmi 5.Minor.Aravind 6.Minor Hemanathan (Minor Petitioners 5 & 6 are rep. By their mother & natural guardian, 4th petitioner, Lakshmi) ..Petitioner(s) Vs Dhanapal (died) 1.Kuppu 2. Kabeeran 3. Elumalai, 4. Kamalakkannan 5. Ponngavanam 6. Chinnapapa 7. Manickam 8. Thoppalan ..Respondent(s) Prayer: Civil Miscellaneous Petition has been filed under Order 41 Rule 19 of Civil Procedure Code to set aside the order of dismissal for default dated 7.2.2019 passed by this Court in the above second appeal in SA.No.427 of 2016 and to restore the above Second Appeal. For Appellant(s): Mr.R.Narayanan For Respondent(s): Mr.S.R.Rajarajan https://www.mhc.tn.gov.in/judis CMP No. 24720 of 2025 __________ Page2 of 4 ORDER This Petition has been filed to restore the Second Appeal No.427 of 2016, which was dismissed for non-prosecution on 07.02.2019. 2. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents and perused the documents placed on record. 3. Considering the facts and circumstances of the case and the reasons stated by the petitioners in the affidavit filed in support of this petition and the other side also not filed any counter, despite several opportunities were given to them and in order to provide fair chance to the petitioners and taking note of the fact that already this Court also allowed the petition to condone the delay in filing the present petition, this Court is inclined to allow the petition. 4. Accordingly, this petition is allowed. Registry is directed to list the main Second Appeal on 24.07.2026. 15-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssd https://www.mhc.tn.gov.in/judis CMP No. 24720 of 2025 __________ Page3 of 4 To 1. The Sub-Court, Gingee 2. The District Munsif Court, Gingee https://www.mhc.tn.gov.in/judis CMP No. 24720 of 2025 __________ Page4 of 4 P.DHANABAL, J. ssd CMP No. 24720 of 2025 in S.A.No.427 of 2016 15-07-2026 https://www.mhc.tn.gov.in/judis