Jeyakumar v. Sarafunnisa

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-03-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI 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. 1/3

2. Heard the learned counsel appearing on either side and perused the affidavit filed in support of this petition.

3. The learned counsel for the petitioners submitted that the delay 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.

4. Being satisfied with the reasons stated in the affidavit, and also considering the fact that this is only a consequential petition, this Civil Miscellaneous Petition is allowed.

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.

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P.VADAMALAI, J.

mkn in AS(MD) NO. 104 of 2013 02.03.2026 3/3