Allowed¶34

Shanmugiah Pandian v. K.a.Velappan

Madras HC9 Jun 2026CMP(MD)/5308/2026

Case brief

AI extract

What is this about?

Restoration of appeal suit; CMP(MD) No.5308 of 2026 in A.S.(MD) No.33 of 2011; Order 41 Rule 19 r/w. Section 151 CPC; setting aside order dated 29.06.2022; condonation of 438 days' delay on 17.03.2025 in C.M.P.(MD)No.15391 of 2025; consequential petition; Registry directed to restore appeal and list on 22.06.2026; Madurai Bench of Madras High Court; single judge P. Vadamalai; petitioner Shanmugiah Pandian; respondents K.A. Velappan (no appearance) and P. John Pandian.

What did the court decide?

Petition allowed; Registry directed to restore the Appeal Suit in A.S.(MD) No.33 of 2011 to the file of this Court and list the same on 22.06.2026. ¶34

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

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CMP(MD) NO. 5308 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. 5308 of 2026 IN

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AS(MD) NO. 33 of 2011

Shanmugiah Pandian

Petitioner(s)

1.K.A.Velappan

2.P.John Pandian

Respondent(s)

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 R2

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R1 – 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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ORDER

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1/4

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

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CMP(MD) NO. 5308 of 2026

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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

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the affidavit filed in support of this petition.

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The learned counsel for the petitioner submitted that the delay of 438 days in filing the present restoration petition had already been condoned by this Court on 17.03.2025 in C.M.P.(MD)No.15391 of 2025 in A.S.(MD)No.33 of 2011.

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