C.M.P(MD)No.6589 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.M.P(MD)No.6589 of 2026 in S.A(MD)No.143 of 2011 Janaki (Mentally Disabled), D/o. Kuppana Gounder, Represented by Selvaraj, S/o. Kuppusamy, No.187, Kanika Thottam, Kongur, Undarapatti Post, Dharapuram Taluk, Tiruppur District. Petitioner / First Appellant Vs 1.Gopalthaai ... Respondent / 2nd Appellant 2.Thangavel 3.Deivanai ... Respondents/ Respondents For Petitioner(s): Mr.M.Kumar For Respondent(s): Mr.S.Anand Chandrasekar for R.3 1/4 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.6589 of 2026 ORDER Heard both sides. 2.One Janaki and Gopalthaai, daughters of late Kuppana Gounder filed OS No.13 of 2008 on the file of District Munsif Court, Oddanchatram seeking the relief of partition. The suit was dismissed on 28.03.2008. Aggrieved by the same, the plaintiffs filed A.S.No.35 of 2008 before the Sub Court, Palani. The first appeal was also dismissed on 30.08.2010. Aggrieved by the same, SA(MD)No.143 of 2011 was filed. When the matter was taken up for hearing, the learned counsel for the appellants wanted to withdraw the second appeal. Accordingly, it was dismissed as withdrawn on 08.07.2021. 3.Subsequently, CMP(MD)No.6589 of 2026 was taken out for recalling the said order. This CMP was filed on behalf of the first appellant Janaki. Her son Selvaraj has filed an affidavit stating that his mother Janaki has been suffering from schizophrenia for more than 10 years and that, therefore, the consent taken from her for withdrawing the second appeal could not have been accepted. 2/4 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.6589 of 2026 4.This Civil Miscellaneous Petition is vehemently opposed only by the first respondent Gopalthaai. Gopalthaai was the second appellant in the second appeal. She cannot be said to be an aggrieved person if this CMP is allowed. Since Gopalthaai states that the second appeal was withdrawn with her consent, the order of restoration shall not enure to her benefit, and the second appeal shall stand as withdrawn insofar as she is concerned. No counter has been filed by the legal heirs of Thangavel. I, therefore, deem it fit and appropriate to recall the said order. The order dated 08.07.2021 dismissing the SA(MD)No.143 of 2011 as withdrawn is recalled. Second Appeal is restored to file. However, taking into account the fact that Gopalthaai is contesting this CMP, she is transposed as a respondent in the second appeal. 5.This Civil Miscellaneous Petition is allowed accordingly. Registry is directed to list the Second Appeal before the Hon'ble Judge holding the roster. 06-07-2026 1/2 MGA Note: Registry is directed to list the Second Appeal before the Hon'ble Judge holding the roster. 3/4 https://www.mhc.tn.gov.in/judis C.M.P(MD)No.6589 of 2026 G.R.SWAMINATHAN,J. MGA C.M.P(MD)No.6589 of 2026 in S.A(MD)No.143 of 2011 06.07.2026 1/2 4/4 https://www.mhc.tn.gov.in/judis