Madras High CourtCMP(MD)/13505/2025allowed

Joseph v. Senthilnathan Chettiar (Died) 1. Mariaraj

2026-06-19Honourable Mr Justice P.B. Balaji1 pages

C.M.P.(MD)No.13505 of 2025 in S.A.(MD)No.108 of 2018 P.B.BALAJI ,J.

This petition has been taken out to condone the delay of 543 days in filing the restoration petition.

2.Though the respondents have been served, till date, there is no counter affidavit filed.

3.Heard the learned Counsel for the petitioner. Learned Counsel for the petitioner states that the Second Appeal was dismissed for non-prosecution on 21.12.2023 and on that date, there was no appearance for the respondents as well.

4.On going through the affidavit, I am satisfied that the petitioner has made out sufficient cause for delay in taking out an application for the Second Appeal to be restored. Accordingly, this petition is allowed and the Second Appeal is restored.

5.Learned Counsel expresses urgency, since execution petition is pending.

6.Post the Second Appeal on 30.06.2026.

19.06.2026 MR https://www.mhc.tn.gov.in/judis