N.Lakshmi v. Chinnammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP NO. 14681 of 2025 in AS.SR.o.60802 of 2025 N.Lakshmi W/o. Nainamalai, D.No. 2/385, Rasipalayam, Mohanur Taluk, Namakkal District.

Appellant(s) Vs Chinnammal W/o. P.Selvaraj, Res. at D.No. 1/164, Kavettipatty, Periyapatti Village, Vallipuram Post Office, Namakkal District. and 2 Others Respondent(s) Prayer: The Civil Miscellaneous Petition filed under Order XXXXI Rule 3A of CPC, to condone the delay of 72 days in preferring the First Appeal against the judgment and decree dated 21.08.2024 made in O.S.No.100 of 2021 on the file of the I Additional District Judge, Namakkal. For Appellant(s): Mr.A.Thiyagarajan For Respondent(s): M/s.Sarvabhauman associates

ORDER

The Civil Miscellaneous Petition has been filed to condone the delay of 72 days in filing the First Appeal against the judgment and decree dated 21.08.2024 made in O.S.No.100 of 2021 on the file of the I Additional District Judge, Namakkal.

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2.Heard the learned counsel for the parties.

3.The application is opposed by the learned counsel for the respondents.

4.I have gone through the affidavit filed in support of the petition for condonation of delay. I find that the petitioner has made out sufficient cause for not being able to prefer the appeal within the statutory time of limitation. Hence, I am inclined to allow the application. 5.The Civil Miscellaneous Petition is ordered and the delay of 72 days in filing the appeal suit is condoned.

6.The appeal suit may be listed for admission in the usual course. The name of the learned counsel for the respondents, who has entered appearance in the CMP, shall be printed at the time of the appeal suit being listed for admission or CMP having listed for urgent interim orders. 24.09.2025 ata To The I Additional District Judge, Namakkal.

CMP No. 14681 of 2025 in AS.SR.o.60802 of 2025 2/2 https://www.mhc.tn.gov.in/judis