M.Thirumalai, v. R.Sivakumar

Madras HC9 Feb 2026CMP/29640/2025

Case brief

AI extract

What is this about?

Madras High Court; S. Sounthar J.; order dated 09-02-2026; CMP No. 29640 of 2025 in CRP No.4833 of 2025; M.Thirumalai v. R.Sivakumar; extension of time to comply with conditional order dated 10.10.2025 in CMP No. 24359 of 2025; conditional leave to defend suit; deposit reduced from Rs.3,00,000/- to Rs.2,50,000; fixed deposit in name of Registrar, City Civil Court, Chennai; Trial Court impugned order dated 13.08.2025; automatic dismissal of leave to defend petition on failure of compliance.

What did the court decide?

Extension of time by two weeks from 09-02-2026 to comply with the condition imposed in CRP No.4833 of 2025 (order dated 10.10.2025); failing compliance, the petitioner loses the benefit of that order and the petition seeking leave to defend the suit stands automatically dismissed. ¶¶23

M.Thirumalai, Vs R.Sivakumar — Madras HC (2026) — LawSathi Research

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CMP No. 29640 of 2025 in CRP No.4833 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-02-2026

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CORAM

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THE HON'BLE MR.JUSTICE S. SOUNTHAR

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CMP No. 29640 of 2025 in

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CRP No.4833 of 2025

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M.Thirumalai,

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No.18/1, Second Floor, Old Bangaru Colony 1st Street, West K.K. Nagar, Chennai 078.

..Appellant(s)

R.Sivakumar

S/o. Ramasamy, D.No.137 and 139, Sanjeevirayan Koil St, Old Washermenpet, Chennai 021.

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..Respondent(s)

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Prayer: This petition has been filed seeking extension of time to comply with the conditional order dated 10.10.2025 passed in CMP No. 24359 of 2025 in CRP. NO. 4833 of 2025.

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For Appellant(s): Mr. S.Chinnasamy

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__________ Page1 of 3

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

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CMP No. 29640 of 2025 in CRP No.4833 of 2025

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ORDER

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This petition has been filed seeking extension of time to comply with the condition imposed by this court in CRP No.4833 of 2025, by its order dated 10.10.2025.

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This Court, by its order dated 10.10.2025, modified the conditional leave granted by the Trial Court, by directing the petitioner to deposit a sum of Rs.2,50,000, instead of Rs.3,00,000/- by way of fixed deposit in the name of Registrar, City Civil Court, Chennai and also observed that all other conditions imposed by the court below in the impugned order dated 13.08.2025 is unaltered. Now the petitioner has filed the present petition seeking extension of time to comply with the above said order.

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Being satisfied with the reasons assigned in the affidavit filed in support of the petition, the time granted by this court in CRP No.4833 of 2025 dated 10.10.2025 is extended by two weeks from today , failing compliance, the petitioner is not entitled to the benefit of the order passed by this court in CRP No.4833 of 2025 dated 10.10.2025 and the petition seeking leave to defend the suit shall stand automatically dismissed.

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09-02-2026

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MST

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__________ Page2 of 3

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

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CMP No. 29640 of 2025 in CRP No.4833 of 2025

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S.SOUNTHAR, J.