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2026 Supreme(Online)(Mad) 38005

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. POORNIMA, J
Vellaichamy – Appellant
Versus
Thangavelu – Respondent
CMP(MD) No.2928 of 2025 in SA No.2296 of 2003



Advocates:
For the Appellants/Petitioners: Mr.R.Sreenivasan
For the Respondents: No appearance

Delay of 530 days condoned under S.5 Limitation Act based on satisfactory affidavit reasons.

Headnote:The petition under Section 5 of the Limitation Act seeks condonation of 530 days delay in filing a restoration application for SA No.2296 of 2003, following an order dated 03/08/2023. Essential facts include the death of several parties and absence of respondent counsel. The court found the reasons in the supporting affidavit satisfactory. Issues framed involve sufficiency of explanation for delay. The court held the delay condonable based on affidavit reasons, directing registry to number the restoration application if in order.

Table of Content
1. application for condonation of 530-day delay in restoration. (Para 1)
2. respondent counsel absent despite prior appearance. (Para 2)
3. delay condoned; restoration application to be numbered. (Para 3)

ORDER This application has been filed to condone the delay of 530 days in filing the restoration petition.

2.Though, the first respondent entered appearance through counsel, today he is not present.

3.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is ordered and accordingly the delay in filing the restoration petition is condoned. Registry is directed to number the restoration application, if it is otherwise in order. Post the matter on 04/06/2026.

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