Allowed¶34

K. a. Velappan v. K.John Pandian

Madras HC9 Jun 2026CMP(MD)/5306/2026

Case brief

AI extract

What is this about?

Keywords: restoration of appeal suit; set aside order dated 29.06.2022; Order 41 Rule 19 r/w Section 151 CPC; consequential petition; delay of 14 days condoned 17.03.2025; C.M.P.(MD)No.15388 of 2025; A.S.(MD) No.8 of 2011; listing on 22.06.2026; Madras High Court Madurai Bench; P. Vadamalai; K.A. Velappan; K. John Pandian; Shanmugaiah Pandian; decision date 09-06-2026.

What did the court decide?

Civil Miscellaneous Petition allowed; Registry directed to restore the Appeal Suit in A.S.(MD) No.8 of 2011 and list it on 22.06.2026. ¶34

K. a. Velappan Vs K.John Pandian — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 5306 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-06-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.VADAMALAI

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CMP(MD) NO. 5306 of 2026

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AS(MD) NO. 8 of 2011

K.A.Velappan

Petitioner(s)

1.K.John Pandian

2.Shanmugaiah Pandian

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Respondent(s)

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For Petitioner(s):

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Mr.M.R.S.Prabhu, Advocate

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For Respondent(s):

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Mr.R.Suresh Kumar, Advocate for R1

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R2 – No Appearance

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Prayer : Civil Miscellaneous Petition is filed under Order 41 Rule 19 r/w. Section 151 of the Code of Civil Procedure to set aside the order passed by this Court dated 29.06.2022 in the above appeal, restore the appeal to the file of this Court.

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

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CMP(MD) NO. 5306 of 2026

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ORDER

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This Civil Miscellaneous Petition has been filed seeking to set aside the order dated 29.06.2022 passed by this Court in the above appeal and to restore the appeal to the file of this Court.

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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 14 days in filing the present restoration petition had already been condoned by this Court on 17.03.2025 in C.M.P.(MD)No.15388 of 2025 in A.S.(MD)No.8 of 2011.

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The learned counsel for the 1^st respondent has not raised any

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serious objection to this petition.

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

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CMP(MD) NO. 5306 of 2026

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The name of the 2^nd respondent has been printed in the cause

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list.

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Being satisfied with the reasons stated in the affidavit, and also considering the fact that this is only a consequential petition, this Civil Miscellaneous Petition is allowed.

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09-06-2026

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Note : The Registry is directed to restore the Appeal Suit in A.S.(MD) No.8 of 2011 and list the same on 22.06.2026 .

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mkn

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

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CMP(MD) NO. 5306 of 2026