Madras High CourtCMP(MD)/15391/2025allowed with costs

Shanmugiah Pandian v. K.A.Velappan

2026-03-17Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-03-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN AS(MD) NO. 33 of 2011 Shanmugiah Pandian Petitioner(s) Vs 1.K.A.Velappan 2.P.John Pandian Respondent(s) For Petitioner(s):

Mr.M.R.S.Prabhu, Advocate For Respondent(s):

Mr.R.Sureshkumar, Advocate for R2 R1 - No Appearance Prayer : Civil Miscellaneous Petition is filed to condone the delay of 438 days in filing petition to set aside the order passed by this Honourable Court dated 29-06-2022 in the above appeal, to restore the appeal to the file of this Court.

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ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of 438 days in filing the petition to set aside the order dated 29.06.2022 passed by this Court in A.S.(MD)No.33 of 2011 and to restore the same.

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 2nd respondent submitted that this petition be allowed by imposing costs on the petitioner.

4. The name of the 1st respondent has been printed in the cause list.

5. Being satisfied with the reasons stated in the affidavit, and also considering the duration of delay, this Court is inclined to allow this petition on payment of costs. Accordingly, this Civil Miscellaneous 2/4

Petition is allowed on payment of costs of Rs.1,500/- (Rupees One Thousand and Five Hundred only) by the petitioner to the 2nd respondent, within a period of ten days from the date of receipt of a copy of this order, failing which this petition shall stand automatically dismissed without any further reference to this Court. 17-03-2026 (2/2) mkn 3/4

P.VADAMALAI, J.

mkn IN AS(MD) NO. 33 of 2011 17.03.2026 (2/2) 4/4