CMP.No.31566 of 2025 in S.A.No.36 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-02-2026 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMP.No.31566 of 2025 in S.A.No.36 of 2021 1. G.Seenivasan S/O Late A Gopal, No. 42 First Street, Ranganathapuram, Tiruppur Kongu Main Road, Tiruppur Tk., Tiruppur Dist. Appellant(s) Vs 1. Kannammal W/O Late Kolandasamy, Res At Manjasolakollai, Chinnaveerasangili Village, Perundurai Tk, Erode District 2.Sivasaravanan S/O Late Kolandasamy, Res At Manjasolakollai, Chinnaveerasangili Village, Perundurai Tk, Erode District 3.Kavitha D/o.Late kolandasamy, W/o. Venkatachalamoorthy, Arthanaripalayam, Ganapathypalayam Village, Uthukuli tk., Tiruppur Dist. 4.Sekaran New No.2/80, old No.4/33, Kaspa Morattupalayam South Street, Morattupalayam Village, Avinashi Tk, Tiruppur District 5.S.Kathirvel S/O Subramaniagounder, 46 Thimmanaickenpalaym, https://www.mhc.tn.gov.in/judis CMP.No.31566 of 2025 in S.A.No.36 of 2021 Morattupalayam Village, Avinashi Tk, Tiruppur District Respondent(s) PRAYER : Civil Miscellaneous Petition filed under section 5 of the Limiatation Act to condone the delay of 158 days in filing the petition for restoration of the above Second Appeal in SA.No.36 of 2021. For Appellant(s): Ms.JP.Dhanyasree For Respondent(s): Mr.S.Kaithamalai Kumaran – R1 to R3 ORDER This petition has been filed to condone the delay of 158 days in filing the petition to restore the above Second Appeal which was dismissed for non prosecution on 30.04.2025. 2. The learned counsel appearing for the petitioner would submit that since the petitioner fell ill and was under continuous medical treatment, he was not able to file a petition to restore the Second Appeal which was dismissed for non proseuction on 30.04.2025. The delay is neither wilful nor wanton. Hence, the present petition has been filed. 3. The learned counsel appearing for the respondents 1 to 3 has no serious objection in allowing this petition. https://www.mhc.tn.gov.in/judis CMP.No.31566 of 2025 in S.A.No.36 of 2021 4. Considering the submissions of the learned counsel appearing for the petitioner and no objection expressed by the respondent for alowing this petition, this petition is Ordered. 04-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No vrc https://www.mhc.tn.gov.in/judis CMP.No.31566 of 2025 in S.A.No.36 of 2021 T.V.THAMILSELVI J. vrc CMP.No.31566 of 2025 in S.A.No.36 of 2021 04-02-2026 https://www.mhc.tn.gov.in/judis