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Madras High CourtCMP/23028/2022allowed

Rengaswami v. P.Perumal

2026-04-20Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2026

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL in S.A.No. 477 of 2005 P.Rengaswami S/o.Perisi Gounder Kattavedichanpatti Kattukottai, Poyyampatti Post Harur Taluk Dharmapuri District.

...Petitioner/Appellant

Versus

P.Perumal S/o.Perisi Gounder Kattavedichanpatti Kattukottai, Poyyampatti Post Harur Taluk Dharmapuri District.

...Respondent/Respondent

PRAYER: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act 1963, praying to condone the delay of 126 days in filing the petition to restore the above Second Appeal which was dismissed for Non-Prosecution dated March 9, 2018 and hear the matter on merits. Page No.1 of 4

For Petitioner :

Mr.M.Raja Sekhar For Respondent :

Ms.R.Poornima For Mr.T.Panchatsaram ----

ORDER

Mr.M.Raja Sekhar, Counsel on record for the Petitioner and Ms.R.Poornima, representing Mr.T.Panchatsaram, Counsel on record for the Respondent are before the Court.

2.Pursuant to the order dated December 5, 2024, passed by this Court allowing this Civil Miscellaneous Petition subject to payment of cost of Rs.2,000/- to the Respondent's Counsel within a period of one week from its issuance thereof.

3.However, the same has not complied by the Petitioner thereafter and have now approached this Court by way of a petition seeking extension of time to comply the order vide CMP.No.9654 of 2026 and the same is allowed by this Court today subject to payment of cost of Rs.3,000/- in addition to Rs.2,000/- and the same was remitted by the Petitioner's Counsel to the Respondent's Counsel today. Page No.2 of 4

4.In view of the facts and circumstances of the case, no further order is necessary in this Civil Miscellaneous Petition. 20.04.2026 MSM Page No.3 of 4

R. SAKTHIVEL, J.

MSM in S.A.No. 477 of 2005 20.04.2026 Page No.4 of 4