Madras High Court
CRP/6659/2026 of Sri Sathya Sai Mandali Trust Vs M.L.Sampath Kumar (Died) 1. Chitra Sampath on 27 October 2026
CRP No. 6659 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6659 of 2026
CNR: {HCMA012427332026}
Sri Sathya Sai Mandali Trust
Rep by its Managing Trustee
S. Ravindra Kumar, No.93, Mount Road,
Guindy, Chennai 32
..Petitioner(s)
Vs
M.L.Sampath Kumar (Died)
1. Chitra Sampath
Res at Flat No.2-B,
GRN Mangala Villa
No.32/16, Ramachandran St,
T.Nagar, Chennai 17.
2. M.S.Giridar
Res at Flat No.2-B,
GRN Mangala Villa
No.32/16, Ramachandran St,
T.Nagar, Chennai 17
3. M.S.Vijay Sampath Kumar
Res at Flat No.2-B,
GRN Mangala Villa
No.32/16, Ramachandran St,
T.Nagar, Chennai 17.
(Amended as per the order in
IA.No.4/2026 dated 04.07.2026).
..Respondent(s)
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CRP No. 6659 of 2026
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the Order and decretal order passed in IA.No.3/2024 in OS.No.5122/2015 dated 31.08.2026 passed by the IV Assistant Judge, City Civil Court at Chennai.
For Petitioner(s):
Mr. E.Aneesh Vinayak
ORDER
This Civil Revision Petition has been filed challenging the order passed by the Trial Court, dismissing the application filed by the petitioner seeking restoration of the suit in O.S.No.5122 of 2015 on the file of IV Assistant Judge, City Civil Court, Chennai.
2. The petitioner herein/plaintiff filed the above said suit seeking declaration and injunction and it was dismissed for default on 11.01.2023. The petitioner filed an application in I.A.No.3 of 2024 seeking restoration of the suit and the same was allowed on 31.08.2026 on condition to pay a sum of Rs.3,000/- as costs by the petitioner/plaintiff to the respondent/defendant, on or before 09.09.2026. When the matter was called on 10.09.2026, it was reported that the petitioner has failed to comply with the condition. Hence, the Trial Court has dismissed the restoration application filed by the petitioner.
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CRP No. 6659 of 2026
3. If the petitioner failed to comply with the condition imposed by the Trial Court, the Court had no other option but to dismiss the application and hence, we cannot find fault with the impugned order passed by the Trial Court. If the petitioner was prevented by sufficient cause from complying with the condition imposed by the Trial Court, it is for him to file an appropriate application before the Trial Court seeking extension of time to pay the costs. Therefore, the petitioner is not entitled to challenge the order passed by the Trial Court, dismissing restoration petition for his failure to comply with the condition imposed by the Trial Court.
4. Accordingly, this civil revision petition is dismissed with liberty to the petitioner to file an appropriate application before trial court, seeking extension of time to comply with the condition imposed by the Trial Court on 31.08.2026. There shall be no order as to costs. 27-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The IV Assistant Judge, City Civil Court, Chennai.
CRP No. 6659 of 2026 S.SOUNTHAR, J. MST CRP No. 6659 of 2026 27-10-2026
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