S. Babu v. Govindarajalu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-02-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI S. Babu S/o.Sadanandhan, Mettupalayam St, Umayalpuram Village, Hamlet of Panamalai Vikiravandi Tk, Villupuram Dist.

..Appellant(s) Vs

1. Govindarajalu S/o.Dhanapal Chettiyar, Mettupalayam Village, Hamlet of Panamalai Village, Villupuram Tk, Villupuram Dist.

2. Velmurugan S/o.Govindarajalu Chettiyar, Mettupalayam St, Umayalpuram Village, Hamlet of Panamalai Vikiravandi Tk, Villupuram Dist.

3. Shanmugam S/o.Govindarajalu Chettiyar, Mettupalayam St, Umayalpuram Village, Hamlet of Panamalai Vikiravandi Tk, Villupuram Dist.

SAdanandham (Died)

4. S.Parani W/o.Sadanandham, Mettupalayam St, Umayalpuram Village, Hamlet of Panamalai Vikiravandi Tk, Villupuram Dist.

5. Usha W/o.Loganathan, Mettupalayam St, Umayalpuram Village, Hamlet of Panamalai Vikiravandi Tk, Villupuram Dist.

6. Latha W/o.Sankar, Mettupalayam St, Umayalpuram Village, Hamlet of Panamalai Vikiravandi Tk, Villupuram Dist.

7. Bhuvaneswari W/o.Vinayagam Mettupalayam St, Umayalpuram Village, Hamlet of Panamalai Vikiravandi Tk, Villupuram Dist.

8. Dhanalakshmi W/o.Ravichandran, Mettupalayam St, Umayalpuram Village, Hamlet of panamalai, Vikiravandi Tk, Villupuram Dist.

9. Padhma W/o.Kumar, Mettupalayam St, Umayalpuram Village, Hamlet of Panamalai Vikiravandi Tk, Villupuram Dist.

..Respondent(s) Prayer : Civil Miscellaneous petition filed under section 5 of the Limitation Act to allow this Petition by condoning the delay of 1045 days in filing the above Appeal.

For Appellant(s):

Mr.T.K.SARAVANAN For Respondent(s):

M./S.PASS ASSOCIATES FOR R2

ORDER

This petition has been filed to condone the delay of 1045 days in filing the present Second appeal.

2. The learned counsel appearing for the petitioner would submit that due to lack of communication, the appeal could not be filed in time and hence, this petition has been filed to condone the delay in filing the Second Appeal.

3. The learned counsel appearing for the second respondent vehemently opposed this petition stating that each and every day delay has not been explained and there is no sufficient cause stated in the petition to condone such a huge delay.

4. Considering the nature of averments in the affidavit filed along with this petition and taking note of the period of delay, in order to give an opportunity to the petitioner and to avoid further litigation, this Court is inclined to allow this petition on payment of costs.

5. Accordingly, this petition is Ordered and the delay is condoned on condition that the petitioner pay a sum of Rs.3000/- [Rupees three thousand only] to the learned counsel for the second respondent within a period of one week. On such payment, the registry is directed to number the Second Appeal, if it is, otherwise in order and post before this Court on 25.02.2026. 17-02-2026 vrc

T.V.THAMILSELVI, J.

vrc 17-02-2026