Sarangan@Saravanan v. Munusamy

Order This Civil Miscellaneous Petition has been filed seeking to restore the above second appeal, which was dismissed for non-prosecution on 08.11.2019 by setting aside the said order.

¶2Mr.S.Veeraraghavan, learned counsel for petitioner/appellant submitted that the above Second Appeal was dismissed for non-prosecution on

09.11.2019. He would submit that when the matter was posted for hearing on that day, father of counsel died. Hence, the counsel on record unable to appear Page3 of 4 and argue the case on that day when it was taken up for hearing. He would also submit that his absence at the time of hearing of the above appeal on that day is neither willful nor wanton, but due to the bonafide reason stated above. Hence, he has filed the above petition to restore the above S.A.

¶3Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to restore the Second Appeal, this Court is inclined to allow this petition and to restore the above second appeal.

¶4Post the matter on 26.03.2026. 24-02-2026 RPP To

¶1The Sub Judge, Ponneri.

¶2The District Munsif, Ponneri.

¶3The District Collector Thiruvallur Dist , Thiruvallur

¶4The Tahsildar Ponneri Tk, At Ponneri And Tk, Thiruvallur Dist

¶5The Section Officer, VR Section, Madras High Court. CMPoNo.o28001oofo2019 T.V.THAMILSELVIoJ. RPP CMPoNo.o28001oofo2019 AND SAoNO.o1016oOFo2019 24-02-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-02-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND SA NO. 1016 OF 2019 Sarangan @ Saravanan S/o. Rangan, Res At, Periya Harijan Colony, Annuppambattu Village And Post, Ponneri Tk, Thiruvallur Dist ..Appellant(s) Vs 1. Munusamy S/o. Perumal, Res At, Perumal Koil St, Periya Colony Anuppambattu Village And Post, Ponneri Tk, 2. Murthy @ Muventhan S/o. Aranganathan, Res At, No.24/103 Ashok, Leyland Quarters Ramsamy Mudaliar Nagar, Thiruvottiyur Chennai-19 3. Sundaravadivu W/o. Murthy @ Muventhan, Res At, No.24/103, Ashok Leyland Quarters, Ramasamy Mudaliar Nagar, Thiruvottiyur Chennai-19 4. The State Represented By Its District Collector Thiruvallur Dist , Thiruvallur 5. The Tahsildar Ponneri Tk, At Ponneri And Tk, Thiruvallur Dist Page2 of 4 6. Soma Hotels And Resorts Pvt Ltd rep. By its Authorised Signatory, V.S.Swarna, at D.No.30/A, South Phase 6th Street, Thiru-vi-ka Industrial Estate, Guindy, Chennai-52. ..Respondent(s) PRAYER IN CMP No. 28001 of 2019 Civil Miscellaneous Petition filed under Order 41 Rule 19 of C.P.C., praying to restore the above Second Appeal No.1016 of 2019 which was dismissed for default on 08.11.2019 on the file of this Court. PRAYER IN SA No. 1016 of 2019 Second Appeal filed under Sec.100 of C.P.C., praying to set aside the judgment and decree passed in AS.No.27/2013 dt 20/02/2019 on the file of Sub Judge at Ponneri confirming the judgement and decree made in OS No,.35/2007 dt 30/01/2013 on the file of District Munsif, Ponneri. For Appellant(s): Mr.S.Veeraraghavan For Respondent(s): R2 to R5 - No Appearance R6 - Vacated