Allowed¶20

P.Vijay Anand v. M.Arulselvan

Madras HC4 Feb 2026CMP/31398/2025

Case brief

AI extract

What is this about?

Restoration of second appeal dismissed for non-prosecution; CMP No. 31398 of 2025 in SA.No.702 of 2025; filed under Order XLI Rule 9 and Section 151 CPC; High Court of Judicature at Madras, T.V. Thamilselvi J., decided 04-02-2026; dismissal order dated 17-11-2025 set aside; appeal posted 07.11.2025; counsel's non-appearance contended to be neither wilful nor wanton (submission); petition filed immediately after dismissal; copies to Principal District Judge, Tiruppur and Sub Judge, Palladam.

What did the court decide?

The Civil Miscellaneous Petition was ordered: the dismissal of SA.No.702 of 2025 for non-prosecution (order dated 17-11-2025) stands set aside and the main Second Appeal is to be taken up on record. ¶20

P.Vijay Anand Vs M.Arulselvan — Madras HC (2026) — LawSathi Research

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CMP No. 31398 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04-02-2026

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CORAM

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CMP No. 31398 of 2025 in SA.No.702 of 2025

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P.Vijay Anand S/o. Palaniyappan, No. 6/239, Post Office Street, Avinashi 641 645.

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Appellant(s)

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M.Arulselvan S/o. Murugesan Palamarathottam, Masandipalayam Village, Kariyapalayam, Avinashi Taluk, Coimbatore Dist.

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2.M.Prema W/o. Murugesan Palamarathottam, Masandipalayam Village, Kariyapalayam, Avinashi Taluk, Coimbatore Dist.

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Respondent(s)

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PRAYER : Civil Miscellaneous Petition filed under Order XLI Rule 9 and Section 151 of Code of Civil Procedure to set aside the order of dismissal of the above Writ Second Appeal for non-prosecution passed by this Court on 17-11-2025 and take up the main Second Appeal in to record.

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For Appellant(s): Mr.P.R.Krishnaraj

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

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CMP No. 31398 of 2025

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ORDER

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This petition has been filed to set aside the order of dismissal of the above Second Appeal for non-prosecution passed by this Court on 17.11.2025 and take up the main Second Appeal in to record.

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The learned counsel appearing for the petitioner would submit that

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when the second appeal was posted on 07.11.2025, before the counsel reached the Court hall, the appeal was dismissed for non prosecution and non appearance of the counsel was not wilful nor wanton. He further submitted that immediately after the dismissal of the appeal, he has filed the present petition to restore the second appeal. Hence, prayed to allow this petition.

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Considering the nature of reasons assigned in the petition and as the petition to restore the appeal has been filed immediately after the dismissal of the appeal, this petition is Ordered.

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04-02-2026

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

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

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CMP No. 31398 of 2025

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To,

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