Kannaki, v. Saroja

Madras HC25 Mar 2026CMP(MD)/3758/2026

Case brief

AI extract

What is this about?

Keywords: restoration of appeal; dismissal for default; Order 41 Rule 19 CPC; consequential petition; condonation of delay (2734 days); costs Rs. 10,000/-; C.M.P.(MD) No. 15820 of 2025; CMP(MD) No. 3758 of 2026; A.S.(MD) No. 210 of 2009; Madras High Court, Madurai Bench; 2026.

What did the court decide?

Restoration of Appeal Suit A.S.(MD) No. 210 of 2009 (previously dismissed for default on 23.02.2018); Registry directed to restore the appeal and list it on 10.04.2026. ¶¶37

Kannaki, Vs Saroja — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 3758 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 3758 of 2026

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AS(MD) NO. 210 of 2009

Kannaki

Petitioner(s)

1.Saroja

2.Puvanambika

3.The Commissioner, Pudukottai Municipality, at present upgraded as Pudukottai Corporation, Pudukottai.

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(Memo dated 14.11.2025 in U.S.R.No.47189 is recorded to the effect that R3 exonerated, as R3 is only a formal party vide court order dated 08.12.2025 made in C.M.P.(MD)No.15820 of 2025 in A.S.(MD)No.210 of 2009 by PVMJ)

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Respondent(s)

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1/4

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

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CMP(MD) NO. 3758 of 2026

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For Petitioner(s):

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Mr.P.Santhana Krishnan, Advocate

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For Respondent(s):

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Mr.R.M.S.Sethuraman

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for M/s.K.B.S.Law Office for R1 & R2

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R3 - Exonerated

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Prayer : Civil Miscellaneous Petition is filed under Order 41 Rule 19 of the Code of Civil Procedure to restore the appeal in A.S.(MD) No. 210 of 2009, which was dismissed for default on 23.02.2018.

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ORDER

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This Civil Miscellaneous Petition has been to restore the Appeal Suit in A.S.(MD)No.210 of 2009, which was dismissed for default on 23.02.2018.

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Heard the learned counsel appearing on either side and perused the affidavit filed in support of this petition.

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The learned counsel for the petitioner submitted that the delay of 2734 days in filing the present restoration petition had already been condoned by this Court on 27.02.2026 in C.M.P.(MD)No.15820 of 2025,

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2/4

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

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CMP(MD) NO. 3758 of 2026

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upon imposing costs of Rs.10,000/- (Rupees Ten Thousand only) on the petitioner, which was subsequently paid. He further submitted that the present petition seeking to restore the appeal suit is only a consequential petition and the same may be allowed.

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