Allowed¶29

S.Saravanan, v. Murugeswari

Madras HC6 Jul 2026CMP(MD)/5565/2026

Case brief

AI extract

What is this about?

Condonation of 1735-day delay in restoration petition; appeal/CMP dismissed for non-payment of batta on 26.06.2019; COVID lockdown offered as reason; conditional allowance with Rs. 3,000/- costs payable within two weeks; restoration ordered for 23.07.2026; Madras High Court Madurai Bench, Justice T.V.Thamilselvi, 06.07.2026.

What did the court decide?

Delay of 1735 days in filing the restoration petition condoned; petition allowed subject to payment of Rs. 3,000/- cost to the respondents' counsel within two weeks, failing conditions the appeal is ordered to be restored and taken on file on 23.07.2026. ¶29

S.Saravanan, Vs Murugeswari — Madras HC (2026) — LawSathi Research

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CMP(MD). No.5565 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 06.07.2026

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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CMP(MD). No.5565 of 2026 in SA(MD)SR.No.48157 of 2016

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S.Saravanan

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... Petitioner(s)

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Vs. -

1.Murugeswari

2.Prasanth Kumar

3.Poovizhi

... Respondent(s)

Prayer :To condone the delay of 1735 days in filing the restoration petition in CMP(MD).No.12130 of 2017 which was dismissed for non payment of batta on 26.06.2019 and pass such further or other orders as this Honourable Court may deem fit an proper in the nature and circumstances of the case and thus render justice.

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For Petitioners : M/s.K.Saburkhan

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For Respondent : Mr.A.Mohan

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

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CMP(MD). No.5565 of 2026

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ORDER

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This petition is filed to condone the delay of 1735 days in filing the restoration petition in C.M.P(MD)No.12130 of 2017 which was dismissed for non-payment of batta on 26.06.2019.

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2.The learned counsel for the petitioner submits that due to COVID lockdown, he was not able to get instructions from his counsel and due to non payment of batta, the registration application which was filed by him in C.M.P(MD)No.12130 of 2017 was dismissed.

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3.The learned counel for the respondent raised strong objections stating that no proper reason was assigned for the delay.

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3.In view thereof, this Court gives one more opportunity to the petitioner, as there is no wilful negligence on her side. Accordingly this Court is inclined to allow the said application on payment of cost of Rs. 3,000/-. Accordingly, this Petition is allowed on payment of cost of Rs. 3,000/- (Rupees Three Thousand only) to the learned counsel for the

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2/4

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

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CMP(MD). No.5565 of 2026

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respondents within two weeks from today. On such payment being made,

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the appeal is ordered to be restored and taken on file on 23.07.2026.

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06.07.2026