Rajini Mahalingam v. M.Manikandan,

ORDER This petition has been filed to rehear the C.M.A.(MD) No.648 of 2023 by set aside the order dated 10.09.2024 in C.M.A.(MD) No.648 of 2023.

¶2It is the case of the petitioner, who was the second respondent in C.M.A.(MD) No. 648 of 2023, that she was not heard in an appeal challenging the order of probate granted in favour of the first respondent herein.

¶3By the order dated 11.04.2022 in O.P.No.2 of 2015, probate was granted to the 1st respondent herein in respect of the Will dated 14.09.2005 in executed by the deceased testator and the appellants, who were respondents 2 and 3 in the Probate Petition filed by the 1st respondent herein, had challenged the said order in the above CMA. The petitioner, who was arrayed as the 2nd respondent in the above CMA has now filed this petition seeking a rehearing of the case on the ground that she was not heard in the above appeal.

¶4It is seen that the petitioner had not challenged the order that was impugned in CMA (MD) No.648 of 2023. If she was really an aggrieved person, she ought to have challenged the order granting probate. Hence, this Court is of the view that this petition to rehear the case is an afterthought. That apart, the appellants in the aforesaid CMA had challenged the judgment passed by this Court before the Hon'ble Supreme Court in SLP (Civil) Diary No(s). 40129/2025 and the Hon'ble Supreme Court had dismissed the said SLP by order dated 31.10.2025.

¶5All the above facts confirm that the instant petition to rehear the case is an abuse of process. Hence, the Civil Miscellaneous Petition, i.e., CMP

(MD) No.749 of 2026, is dismissed.

09.02.2026 NCC : Yes / No in Index : Yes / No dk /ars C.M.P.(MD).No.749eofe2026 in CMAe(MD).eNo.648eofe2023e SUNDERoMOHAN,oJ. dk C.M.P.(MD).No.749oofo2026 in CMAo(MD).oNo.648oofo2023o

09.02.2026 (2/2)

in BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN in Rajini Mahalingam ...Petitioner/2nd Respondent -Vs- 1. M.Manikandan 2. Aarthi (The 2nd Appellant represented by her power agent who is the 1st appellant herein on the basis of the power of attorney dated 11.08.2016) ...Respondent Nos.1 and 2/Appellants 3. Maheswari 4. N.Nagalingam R.Shanmugam, (Died), 5.Jambukeswari (Impleaded as LR of deceased R.Shanmugam / 5th defendant) (As per the order in I.A.No.2/2019 dated 23.07.2019) ...Respondents/Respondent Nos.1, 3 and in Prayer : Criminal Miscellaneous Petition is filed under Order XLI Rule XXI of CPC to rehear the C.M.A.(MD) No.648 of 2023 by set aside the order dated 10.09.2024 in C.M.A.(MD) No.648 of 2023. For Petitioner : Mr.H.Arumugam for Mr.R.Rajamohan For Respondents : Mr.D.Rajkumar for Mr.J.Ashok (for R1) Mr.S.Meenakshi Sundaram Senior Counsel for Mr.S.M.Sengu Vijay (for R3) No Appearance for R2