Ponnusamy v. Nachimuthu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2026
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND SA SR NO. 72933 OF 2025,CMP NO. 28845 OF 2025,SA SR NO. 72932 OF
1. Ponnusamy S/o. Ponnappagounder, Kallipallam Thottam, Aaigoundenpalayam,, Velampoondi Village, Dharapuram Taluk, Tiruppur District.
Appellant(s) Vs
1. Nachimuthu S/o. Periyasamygounder, Periyathottam, Aaigoundenpalayam, Velampoondi Village, Dharapuram Taluk, Tiruppur Taluk.
2.Nallasamy S/o. Periyasamygounder, Periyathottam, Aaigoundenpalayam, Velampoondi Village, Dharapuram Taluk, Tiruppur Taluk.
Respondent(s) CMP No. 28845 of 2025
1. Ponnusamy S/o. Ponnappagounder, Kallipallam Thottam, Aaigoundenpalayam,, Velampoondi Village, Dharapuram Taluk, Tiruppur District.
Appellant(s) Vs
1. Nachimuthu S/o. Periyasamygounder, Periyathottam, Aaigoundenpalayam, Velampoondi Village, Dharapuram Taluk, Tiruppur Taluk.
2.Nallasamy S/o. Periyasamygounder, Periyathottam, Aaigoundenpalayam, Velampoondi Village, Dharapuram Taluk, Tiruppur Taluk.
Respondent(s) PRAYER To condone the delay of 885 days in filing the above appeal against the judgment and decree dated 02.08.2022 made in AS No.4 of 2021 on the file of Learned Subordinate Court, Dharapuram.
CMP No. 28845 of 2025 PRAYER To condone the delay of 982 days in filing the above appeal against the judgment and decree dated 02.08.2022 made in AS No.16 of 2019 on the file of Learned Subordinate Court, Dharapuram.
For Appellant(s):
Mr.N.Ponraj For Respondent(s):
Mr.M. Guruprasad For R1 And R2
ORDER
CMP No. 28841 of 2025 has been filed to condone the delay of 885 days in filing the above appeal against the judgment and decree dated 02.08.2022 made in AS No.4 of 2021 on the file of Learned Subordinate Court, Dharapuram.
2. CMP No. 28845 of 2025 has been filed to condone the delay of 982 days in filing the above appeal against the judgment and decree dated 02.08.2022 made in AS No.16 of 2019 on the file of Learned Subordinate Court, Dharapuram.
3. The learned counsel for the petitioner submits that the petitioner's son died due to the accident hence the petitioner was not able to file appeal on time. Therefore, he prays to allow this petition.
3. The learned counsel for the respondents submit that after filing of execution petition the petitioner filed this petition without any medical records to substantiate his claim. Hence, he prays to dismiss this petition.
4. It is a dispute with regard to common pathway between neighbours. Considering the age of the petitioner and in order to avoid multiplicity of proceedings, the delay of 885 & 982 days is condoned and the petitions are ordered on the condition the petitioner shall pay a cost of Rs.2,000/- to the respondents' counsel.
5. Post the matter on 27.01.2026.
06-01-2026 pbl
Index:Yes/No Speaking/Non-speaking order Internet:Yes
T.V.THAMILSELVI J.
pbl AND SA SR NO. 72933 OF 2025,CMP NO.
28845 OF 2025,SA SR NO. 72932 OF 2025 06-01-2026