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2024 DAILYLAW 5113 (MAD)

R.VELUSAMY v. P.PALANISAMY

CMP/19790/2024 · 2026-08-20

Abdul Quddhose, R Rajesh Vivekananthan

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP.No.19790 of 2024 in A.S.No.53 of 2019 ABDUL QUDDHOSE, J. and R.RAJESH VIVEKANANTHAN, J. This petition has been filed seeking to restore the appeal suit A.S.No.53 of 2019, which was dismissed for non-prosecution on 10.04.2024. This petition was served on the respondent’s counsel in the year 2024 itself. But, till date, the respondent has not filed the counter affidavit in this application. In the affidavit filed in support of this petition, it is stated that additional typed set of papers containing exhibits and depositions could not be filed when the appeal was taken for hearing, due to voluminous papers, and on that account, petitioner claims that there was no deliberate delay on the part of the petitioner to argue the appeal on merits. We are also satisfied with the reasons contained in the affidavit filed in support of this petition as sufficient cause has been shown by the petitioner/appellant for allowing this petition. Accordingly, this petition is allowed as prayed for, and the appeal suit A.S.No.53 of 2019 is restored to the file of this Court. Consequently, interim stay already granted by this Court in the appeal suit stands restored. Post on 10.09.2026. [AQJ] [RRVJ] 20.08.2026 https://www.mhc.tn.gov.in/judis