Madras High CourtCMP(MD)/13895/2025ordered

K.Mohamed Issac, v. Dr. N.S.Mahalingam

2025-09-18Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-09-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI in SA(MD) NO. 276 of 2021 K.Mohamed Issac Petitioner(s) Vs N.S.Mahalingam Respondent(s) For Petitioner(s):

Mr.Raguvaran Gopalan, Advocate For Respondent(s):

Mr.I.Velpradeep, Advocate Prayer : Civil Miscellaneous Petition is filed to set aside the order of dismissal dated 07.06.2024 and restore S.A.(MD).No.276 of 2021 which was dismissed for non prosecution.

1/4

ORDER

This Civil Miscellaneous Petition has been filed to restore the Second Appeal in S.A.(MD).No.276 of 2021 which was dismissed for non prosecution on 07.06.2024.

2. Mr.I.Velpradeep, learned counsel, takes notice for the respondent.

3. Heard the learned counsel appearing on either side, and I have perused the affidavit filed in support of this petition.

4. The learned counsel for the respondent has not raised any serious objection to this petition.

5. The delay of 352 days in filing the present restoration petition was already condoned by this Court on 30.07.2025 in C.M.P.(MD) No.9999 of 2025 in S.A.(MD)No.276 of 2021.

2/4

6. 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.

18-09-2025 Note : Registry is directed to restore the Second Appeal in S.A.(MD) No.276 of 2021 and list the same in the usual course. mkn 3/4

P.VADAMALAI, J.

mkn in SA(MD) NO. 276 of 2021 18.09.2025 4/4