Petitioners sought restoration of an appeal suit dismissed for non-prosecution, noting the 572-day delay had already been condoned. The court allowed the petition as consequential and directed the Registry to restore the appeal suit and list it for final hearing.
Appeal Suit A.S.(MD)No.104 of 2013 restored and listed under 'For Final Hearing' on 16.03.2026.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMP(MD) NO. 7559 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02-03-2026
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI
CMP(MD) NO. 7559 of 2025 in
AS(MD) NO. 104 of 2013
1.Jeyakumar
2.Appukuttan
Petitioner(s)
Vs
Sarafunnisa
Respondent(s)
For Petitioner(s):
Mr.K.P.Narayanakumar, Advocate
For Respondent(s):
Mr.S.Rajasekar, Advocate
Prayer : Civil Miscellaneous Petition is filed to set aside the order passed by this Court in A.S.(MD)No.104 of 2013 dated 04.08.2022 and restore the same on file.
ORDER
This Civil Miscellaneous Petition has been filed to restore the
Appeal Suit in A.S.(MD)No.104 of 2013 which was dismissed for nonprosecution on 04.08.2022.
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CMP(MD) NO. 7559 of 2025
of 572 days in filing the present restoration petition had already been condoned by this Court on 28.03.2025 in C.M.P.(MD)No.9249 of 2024 in A.S.(MD)No.104 of 2013, which was conceded by the learned counsel for the respondent.
02-03-2026
Note : The Registry is directed to restore the Appeal Suit in A.S.(MD) No.104 of 2013 and list the same under the caption “For Final Hearing” on 16.03.2026 .
mkn
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CMP(MD) NO. 7559 of 2025
P.VADAMALAI, J.
mkn
CMP(MD) NO. 7559 of 2025 in AS(MD) NO. 104 of 2013
02.03.2026
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1 issue framed by the court
Should the appeal suit dismissed for non-prosecution on 04.08.2022 be restored to file?
Jeyakumar
Appukuttan
Sarafunnisa
P.VADAMALAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
