Madras High CourtCMP(MD)/12977/2025ordered

A.Nachal v. 1. N.K.L.Kulanthaivelan(Died), 2. K.L.Parthasarathy (Died), 3. L.Meenal

2025-09-18Honourable Mr Justice P.Vadamalai5 pages

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

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN AS(MD) NO. 254 of 2009 A.Nachal Petitioner(s) Vs 1.N.K.L.Kulanthaivelan (Died) 2.K.L.Parthasarathy (Died) 3.L.Meenal 4.S.Uma 5.Padma 6.Manjula 7.Abirami 8.The Branch Manager, Bank of India, Eakattuthangal, Chennai 9.Visalakshi 1/5

10.Unnamalaai 11.Meenakshi 12.Vinod Kumar Pratapmalji 13.Varsha Vinodhkumar 14.Lalitkumar Pratamalji 15.Teena Lalit Kumar 16.Bharat Kumar Pratapmalji 17.Sunitha Bharat Kumar Respondent(s) For Petitioner(s):

Mr.M.Murugan, Advocate For Respondent(s):

Mr.V.R.Shanmuganathan, Advocate for R3, R5 to R7 and R9 Mr.S.Rengaswamy, Advocate for R8 Mr.R.Muthuram, Advocate for R12 to R17 Prayer : Civil Miscellaneous Petition is filed to restore the appeal suit in A.S.(MD)No.254 of 2009, which was dismissed for default on 02.12.2013 as against the 4th respondent.

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ORDER

This Civil Miscellaneous Petition is filed to restore the appeal suit in A.S.(MD)No.254 of 2009, which was dismissed for default on 02.12.2013 as against the 4th respondent.

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

3. The learned counsel for respondent Nos.3, 5 to 7 & 9, the learned counsel for the 8th respondent, and the learned counsel for respondent Nos.12 to 17 have not raised any serious objection to this petition.

4. The delay of 3890 days in filing the present restoration petition was already condoned by this Court on 02.07.2025 in C.M.P.(MD) No.13863 of 2024 in A.S.(MD)No.254 of 2009.

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5. 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 (1/3) Note : Registry is directed to restore the Appeal Suit in A.S.(MD) No.254 of 2009 as far as the 4th respondent is concerned. mkn 4/5

P.VADAMALAI, J.

mkn IN AS(MD) NO. 254 of 2009 18.09.2025 (1/3) 5/5