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Periasamy v. Kolanchi

Madras HC3 Sept 2025CMP/2925/2025

Case brief

AI extract

What is this about?

Madras High Court; C.M.P.No.2925 of 2025 in S.A. No.11 of 2014; decided 03.09.2025 by Dr. Justice A.D. Maria Clete; restoration of second appeal dismissed for non-prosecution on 01.07.2021; delay condoned earlier via C.M.P.No.159 of 2023 (allowed 07.01.2025); pandemic-related delay accepted; respondents unrepresented; conditional restoration with Rs.1,000/- cost payable by 24.09.2025, else automatic dismissal; petitioners Periasamy, Ponnusamy, Arasan (counsel Ms. Anita P. Jason); respondents Kolanchi, Ganesan, Muthu Naidu.

What did the court decide?

Restoration of S.A.No.11 of 2014 (dismissed for non-prosecution on 01.07.2021) for disposal on merits, conditional on payment of Rs.1,000/- cost to the respondents on or before 24.09.2025, failing which the petition stands automatically dismissed without further reference to the Court.

Periasamy Vs Kolanchi — Madras HC (2025) — LawSathi Research

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C.M.P.No.2925 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03.09.2025

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PRESENT:

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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C.M.P.No.2925 of 2025

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S.A. No.11 of 2014

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1.Periasamy S/o.Pavadai

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2.Ponnusamy, S/o.Pavadai

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3.Arasan, S/o.Pavadai

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All are residing at Pazhangunam Village, Ulundurpet Taluk, Villupuram District. ... Petitioners/Appellant

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Vs.

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1.Kolanchi S/o.Perumal

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2.Ganesan, S/o.Perumal

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1/5

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https://www.mhc.tn.gov.in/judis

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C.M.P.No.2925 of 2025

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R1 & R2 are residing at Pazhangunam Village, Ulundurpet Taluk, Villupuram District.

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3.Muthu Naidu, S/o.Balakrishna Naidu Kandasamypuram, Ulundurpet Taluk, Villupuram District.

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... Respondents/Respondents

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PRAYER : To restore above S.A.No.11 of 2014 which was dismissed for non prosecution on 01.07.2021 to be disposed on merits.

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For Petitioner : Ms.Anita P. Jason

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For Respondents : No appearance.

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O R D E R

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This petition has been filed to restore the above S.A.No.11 of 2014 which was dismissed for non-prosecution on 01.07.2021 to be disposed on merits.

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2/5

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https://www.mhc.tn.gov.in/judis

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C.M.P.No.2925 of 2025

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2.It is seen from the records that C.M.P.No.159 of 2023 has been filed to condone the delay in filing this application and the same was allowed on 07.01.2025. Learned counsel for the appellant is present.

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3.When this matter was called on 01.09.2025, there is no representation for

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the respondents and hence, the matter has been posted today. It is seen that earlier adjournment has been granted for filing counter. However, even today, there is no representation.

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4.Considering the reasons stated in the affidavit filed in support of this petition stating that due to pandemic situation there was a delay, this petition is allowed. The learned counsel for the petitioners is directed to pay a cost of Rs.1,000/- to the respondents on or before 24.09.2025 and non- compliance of the same, this petition will stand automatically dismissed without any further reference to this Court.

03.09.2025

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https://www.mhc.tn.gov.in/judis

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C.M.P.No.2925 of 2025

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Index: Yes / No Speaking Order / Non-speaking Order Neutral Citation: Yes / No

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