Revathy v. Ramkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025 CORAM :

THE HON'BLE MR.JUSTICE P.B.BALAJI CMP.No.12556 of 2025 in AS.SR.No.73249 of 2025 1.Revathy 2.Mohankumar 3.Prabakaran 4.Jayababu ...

Petitioners Vs.

1.Ramkumar 2.Venkatraman 3.Ramani 4.Muruganantham ...

Respondents PRAYER : The civil miscellaneous petition filed under Order 41 Rule 3A of C.P.C. to condone the delay of 481 days in filing this appeal suit. For Petitioners ...

Mr.B.R.Sivasubramaniam For Respondents ...

No appearance

ORDER

This civil miscellaneous petition has been filed seeking to condone the delay of 481 days in filing the appeal.

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2.The respondents did not appear despite attempts made to serve them in the CMP. Subsequently, the respondents 2 & 3 have been served through private notice and as against the respondents 1 and 4, permission was granted for effecting service through publication. The counsel for the petitioners has also effected publication in one issue of Dinamalar, Puducherry edition dated 14.09.2025. The respondents were called and set exparte.

3.The names of the respondents were also printed in the cause list and the respondents were called and set exparte. 4.The counsel for the petitioners states that the delay was occasioned only due to the fact that the petitioners were agitating the issue before the trial Court by filing an application in I.A.No.3 of 2023 under Order IX Rule 13 of CPC and the same came to be dismissed only on 11.09.2024 and hence, the appeal could not be filed in time. 2/4

5. I have gone through the papers filed in support of the application and satisfied with the reasons assigned by the petitioners and that the petitioners have made out sufficient cause explaining the delay. Accordingly, the civil miscellaneous petition is ordered. Index : Yes/No Internet: Yes/No sms 25.09.2025 Note: Registry is directed to number the appeal if it is otherwise in order.

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P.B.BALAJI,J., sms CMP.No.12556 of 2025 in AS.SR.No.73249 of 2025 25.09.2025 4/4