S.Chinnayan v. Malathi
Case brief
What is this about?
Madras High Court, P.B. Balaji J., decision dated 10-10-2025. CMP No. 21720 of 2025 in A.S.No.189 of 2022. Restoration of appeal suit dismissed for non-prosecution; petition under Order XLI Rule 19 r/w 151 CPC; dismissal dated 26.06.2025 set aside; appeal and connected final-decree Miscellaneous Petition order in O.S.No.74 of 2017 dated 28.03.2022 restored to file; reason for default: first petitioner's father's accident on 22.06.2025; respondent raised no objection; petition allowed with no costs. Parties: S.Chinnayan and C.Vidhya (appellants) v. Malathi (respondent), Veerapandi Village, Coimbatore.
What did the court decide?
Restoration of Appeal Suit A.S.No.189 of 2022: the order of dismissal for non-prosecution dated 26.06.2025 is set aside and the Appeal Suit, along with the order in the connected Miscellaneous Petition in respect of passing of final decree alone in O.S.No.74 of 2017 dated 28.03.2022, is restored to file; the Registry is directed to restore the Appeal Suit. Petition allowed, no costs.