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Madras High CourtCMP/27923/2023allowed

Palaniappa Gounder, v. A.Sundaram,

2026-03-27Honourable Mr.Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN in SA NO. 1186 of 2010

1. Palaniappa Gounder

2. Manoharan, ..Appellant(s) Vs

1. A.Sundaram

2. The Executive Officer, Surampatti Town Panchayat, Having Office At Dr.Radhakrishnan Road, Teacher's Colony, Erode - 638 011.

..Respondent(s) SA No. 1186 of 2010

1. Palaniappa Gounder,

2. Manoharan, ..Appellant(s) Vs

1. A.Sundaram,

2. The Executive Officer, Surampatti Town Panchayat, Having Office At Dr.Radhakrishnan Rd., Teachers Colony, Erode-11.

..Respondent(s) Prayer: To restore the Second Appeal SA.No.1186 of 2010 which was dismissed for non-prosecution on 21.02.2022

For Appellant(s):

Mr.G.V. Mohan Kumar For Respondent(s):

Ms. J. Swetha for Mr. K. Govi Ganesan For R1 Order The petitioner seeks restoration of the Second Appeal dismissed for nonprosecution. It appears the said petition was filed with a delay of 148 days and the delay was condoned by the order in CMP.No.1389/2023. 2.Heard the learned counsel for the first respondent, who has not filed any counter.

3.Being satisfied with the reasons stated in the affidavit filed in support of the petition, this Court is inclined to restore the Second Appeal on the petitioner paying a cost of Rs.5,000/- (Rupees Five Thousand only) to the first respondent within a period of two weeks.

4.The Civil Miscellaneous Petition is ordered on the above terms. 27-03-2026 Index: Yes/No Speaking/Non-speaking order TSG

To 1.The I Additional District Munsif Court, Erode.

2.Principal District Court, Erode.

SUNDER MOHAN J.

TSG in SA No. 1186 of 2010 27-03-2026