Full Judgment
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29/06/2026
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI in CMP(MD)No.5441of 2024 in
1. Jegajothi,
2. Chitra, ... Petitioners Vs.
1. Subbuthai,
2. The Tahsildar,
O/o.The Tahsildar, Sattur, Main Road, Sattur Taluk, Virudhunagar. ... Respondents PRAYER :- To Condone the delay of 533 days in filing the instant petition for the restoration of the order passed in CMP(MD). No.5441 of 2024 in SA(MD). SR No.24331 of 2024 dated 23.09.2024. For Petitioners : C.M. Arumugam, For Respondents : Mr.A.Sivaji,
ORDER
This Petition is filed to condone the delay of 533 days in filing the instant petition for the restoration of the order passed in CMP(MD). No. 5441 of 2024 in SA(MD). SR No.24331 of 2024 dated 23.09.2024.
2. On 22.08.2024, this Court directed the petitioner to pay a sum of
Rs.2,000/- to the respondents, within a period of two weeks and thereafter, when the matter was taken up for hearing on 22.09.2024, the petitioner has not paid the amount to the respondents as directed and hence, CMP(MD)No.5441 of 2024 was dismissed.
3. The learned counsel for the petitioners would submit that due to
lack of communication, they were not able to follow. Admittedly, they submitted the appeal in the year 2024, but with the delay, the cost was imposed and said cost was also not been paid. Subsequently, again the delay was caused.
4. Considering that to give one more opportunity, this Court is
inclined to allow the said application on payment of another cost of Rs.2,000/-. Accordingly, this Petition is allowed on payment of total cost of Rs.4,000/- (Rupees Four Thousand only) to the learned counsel for the respondents within a week from today. On production of receipt of such payment, CMP(MD)No.5441 of 2024 is restored and the Registry is
directed to number the second appeal, if the papers are otherwise in order
and list the same for admission on 15.07.2026. 29.06.2026 LS
T.V.THAMILSELVI,J.
LS in