CMP(MD) NO. 12470 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07-08-2026 CORAM THE HONOURABLE MR JUSTICE P.VADAMALAI CMP(MD) NO. 12470 of 2025 in SA(MD) NO. 121 of 2008 John Muniyandi (Died) 1.Gnanam 2.George Muller Prabu 3.Mizpha Petitioner(s) Vs 1.Vellaiyammal (Died) 2.Jayakodi Ammal 3.Madurai Municipal Corporation, Through its Commissioner, Annamaligai, Tallakulam, Madurai. 1/5 https://www.mhc.tn.gov.in/judis CMP(MD) NO. 12470 of 2025 4.Chinnachamy (Died) (Memo is recorded as R4 died and respondents 5 to 9, who are already on record, are recorded as LRs of the deceased R4 vide court order dated 28.08.2025 made in CMP(MD)No.12470 of 2025 in SA(MD)No.121 of 2008) 5.Thamilarasi 6.Manimegalai 7.Saravanakumar 8.Malathi 9.Palanikumar Respondent(s) For Petitioner(s): Mr.PT.S.Narendravasan, Advocate For Respondent(s): Mr.S.Vinayak, Advocate for R3 Mr.P.Rajagopalan, Advocate for R2, R5 to R9 R1 & R4 – Died Prayer : Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, to condone the delay of 2054 days in filing the petition 2/5 https://www.mhc.tn.gov.in/judis CMP(MD) NO. 12470 of 2025 for restoration in respect of respondents 4 to 9 in S.A.(MD)No.121 of 2008 which was dismissed for non-payment of batta on 13.11.2019. ORDER This Civil Miscellaneous Petition has been filed seeking to condone the delay of 2054 days in filing the petition for restoration insofar as respondents 4 to 9 are concerned in S.A.(MD)No.121 of 2008, which was dismissed for non-payment of batta on 13.11.2019. 2. Heard the learned counsel appearing on either side and perused the affidavit filed in support of this petition. 3. The learned counsel for respondents 2 and 5 to 9 has filed a counter and raised only a formal objection to this petition. 4. The learned counsel for the 3rd respondent has also raised only a formal objection to this petition. 3/5 https://www.mhc.tn.gov.in/judis CMP(MD) NO. 12470 of 2025 5. Being satisfied with the reasons stated in the affidavit and taking note of the formal objections raised by the learned counsel for the 3rd respondent and the learned counsel for respondents 2 and 5 to 9, this Court is inclined to allow this petition. 6. Accordingly, this Civil Miscellaneous Petition is allowed. 07-08-2026 Note : The Registry is directed to number the restoration petition, if it is otherwise in order, and list the same on 14.08.2026. mkn 4/5 https://www.mhc.tn.gov.in/judis CMP(MD) NO. 12470 of 2025 P.VADAMALAI, J. mkn CMP(MD) NO. 12470 of 2025 in SA(MD) NO. 121 of 2008 07.08.2026 5/5 https://www.mhc.tn.gov.in/judis