Allowed¶30

Thangam v. Jeevanandham

Madras HC15 Dec 2025CMP/31401/2025

Case brief

AI extract

What is this about?

Condonation of delay (33 days); restoration of appeal dismissed on default; conditional stay order dated 18.08.2025; deposit of 50% of decree amount; suit for recovery of money; execution of money decree; automatic dismissal on default 15.09.2025; CMP in AS; Madras High Court; Thangam, Ashok Kumar, Anitha Subash v. Jeevanandham; Trichy/Namakkal.

What did the court decide?

Delay of 33 days in filing the restoration petition condoned; consequential application in CMP No.19779 of 2025 to restore the appeal allowed, subject to the petitioners/appellants depositing 50% of the decree amount within two weeks, failing which the stay granted by the Court shall stand vacated without further reference. ¶30

Thangam Vs Jeevanandham — Madras HC (2025) — LawSathi Research

¶1

CMP No. 31401 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 15-12-2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE P.B. BALAJI

¶6

CMP No. 31401 of 2025 in AS No.845 of 2025

¶7

1. Thangam

¶8

W/o.Late Pandiyan, residing at Door No.9/38, Velampatti Melatheru, Mahadevi Post, Musiri Taluk, Trichy.

¶9

2. Ashok Kumar

¶10

S/o.Late Pandiyan, residing at Door No.9/38, Velampatti Melatheru, Mahadevi Post, Musiri Taluk, Trichy.

¶11

3. Anitha Subash

¶12

D/O.Late Pandiyan, Vadakkuveedhi, Vadugapatti, Valaiyapatti, Namakkal.

¶13

Appellant(s)

¶14

¶15

Jeevanandham, S/o.Late Karunanidhi, Door No.72, Namakkal Town, Mettutheru, Namakkal Taluk, Namakkal.

¶16

Respondent(s)

¶17

For Appellant(s): Mr.V.Dharanidharan, for Mr. I Abrar Mohamed Abdullah

¶18

For Respondent(s): Mr.Shabeer Ali for M/s.Sarvabhauman Associates

¶19

1/5

¶20

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

¶21

CMP No. 31401 of 2025

¶22

ORDER

¶23

This petition is filed to condone the delay of 33 days in filing the petition to restore the appeal which was automatically dismissed on default on 15.09.2025 in A.S.No.845 of 2025.

¶24

Heard Mr.V.Dharanidharan for Mr.I.Abrar Mohamed Abdullah, learned counsel for the appellants and Mr.Shabeer Ali for M/s.Sarvabhauman Associates, appearing for the respondent.

¶25

Suit for recovery of money was decreed and the appeal suit has been preferred challenging the judgment and decree. In the said suit, application was taken out for execution of the money decree. This Court by order dated 18.08.2025, granted stay on condition, that the appellants deposit 50% of the decree amount before the trial Court, within a period of four weeks. This Court further directed that, on failure to deposit the said amount within the stipulated time, the appeal itself was entitled to be dismissed, without any further reference to this Court.

¶26

4.The learned counsel for the petitioner states that admittedly, the conditional order was not complied with by the appellants. However, he seeks two weeks time to comply the order of deposit of 50% of the decree amount.

¶27

2/5

¶28

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

¶29

CMP No. 31401 of 2025

¶30

In the light of the above, I am inclined to condone the delay of 33 days and consequential application in CMP No.19779 of 2025, to restore the appeal

¶31

order. The petitioners/appellants shall deposit 50% of the decree amount within a period of two weeks from today , failing which, the stay granted by this Court shall stand vacated without any further reference to this Court.

¶32

dsn

¶33

15-12-2025

¶34

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

¶35

3/5

¶36

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

¶37

CMP No. 31401 of 2025