Restoration petition seeking to set aside the dismissal for default of an appeal suit. Delay of 165 days was already condoned in a prior petition. The court allowed the petition as a consequential petition and directed restoration of the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) NO. 12306 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19-01-2026
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI
CMP(MD) NO. 12306 of 2025
in
AS(MD) NO. 147 of 2015
E.Jeyakumar
Petitioner(s)
Vs
K.S.Sathia Das
Respondent(s)
For Petitioner(s):
Ms.K.Shwathini for Mr.G.Prabhu Rajadurai
For Respondent(s):
Mr.V.M.Bala Mohan Thampi, Advocate
Prayer: Civil Miscellaneous Petition is filed to set aside the order dated 03-04-2023 passed by this Court in A.S.No.147 of 2015 which was dismissed for default and restore the same.
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CMP(MD) NO. 12306 of 2025
ORDER
This Civil Miscellaneous Petition has been filed to set aside the order dated 03.04.2023 passed by this Court in A.S.(MD)No.147 of 2015, by which the appeal was dismissed for default, and to restore the same.
the affidavit filed in support of this petition.
165 days in filing the present restoration petition was already condoned by this Court on 22.07.2025 in C.M.P.(MD)No.15298 of 2023 in A.S.
(MD)No.147 of 2015.
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CMP(MD) NO. 12306 of 2025
considering the fact that this is only a consequential petition, this Civil Miscellaneous Petition is allowed.
19-01-2026
Note : The Registry is directed to restore the Appeal Suit in A.S.(MD) No.147 of 2015 and list the same under the caption “for final hearing” on 03.02.2026 .
mkn
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CMP(MD) NO. 12306 of 2025
P.VADAMALAI, J.
mkn
CMP(MD) NO. 12306 of 2025 in
AS(MD) NO. 147 of 2015
19.01.2026
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1 issue framed by the court
Whether the appeal dismissed for default on 03-04-2023 should be restored?
E.Jeyakumar
K.S.Sathia Das
P.Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
