Minor. B.Madhu Priya v. Muthumuniyandi(died)
Case brief
What is this about?
Keywords: condonation of delay; 815 days delay; restoration petition; appeal suit dismissed for non-prosecution (05.08.2022); A.S.(MD) No.113 of 2009; C.M.P.(MD) No.17449 of 2024; C.M.P.(MD)SR No.88082 of 2024; Madurai Bench of Madras High Court; Justice P.Vadamalai; minor petitioners through natural guardian mother; impleadment of legal representatives of deceased respondent (orders dated 10.07.2025 and 01.08.2025); formal objection only from contesting respondents. Relevant to practitioners assessing condonation of substantial delay in restoring appeals dismissed for non-prosecution: here the delay was condoned solely on satisfaction with affidavit reasons, with no statutory provision or precedent cited or discussed in the order.
What did the court decide?
Condonation of the delay of 815 days in filing the Restoration Petition to restore A.S.(MD)No.113 of 2009; Registry directed to number the restore petition filed in C.M.P.(MD)SR No.88082 of 2024, if otherwise in order.