B.Ravindran v. B.Radhakrishnan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.06.2025 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.M.P. No.21406 of 2021 B.Ravindran .. Petitioner/Appellant vs 1.B.Radhakrishnan 2.Mrs.S.Vijayalakshmi 3.Mrs.D.Nirmala .. Respondents Prayer in C.M.P. No.21406 of 2021: Petition filed under Section 5 of the Limitation Act to condone the delay of 1084 days in preferring original side appeal against the judgment passed by the learned single Judge in T.O.S. No.13 of 2010 dated 20.01.2017. Prayer in OSA SR No.72505 of 2021: Original Side Appeal filed under Clause 15 of Letters Patent r/w Order XXXVI Rule 1 of Madras High Court Original Side against the Judgment dated 20.01.2017 made in T.O.S. No.13 of 2010 passed by this Court.
For Petitioner/ :
Mr.B.Kannan 1/4
Appellant For Respondents :
Mr.V.Manohar & Mr.N.Subbarayalu for R1
O R D E R
(made by N.SENTHILKUMAR, J.) The civil miscellaneous petition is filed to condone the delay of 1084 days in filing the original side appeal against the judgment passed by the learned single Judge dated 20.01.2017 in T.O.S. No.13 of 2010.
2. After issuance of notice, the first respondent had entered appearance and submitted that no acceptable reason was set out by the petitioner/appellant for condonation of delay in preferring OSA SR72505 of 2021.
3. On perusal of the affidavit filed in support of the condone delay petition, the only explanation offered by the appellant herein is that he was suffering from spondylosis sans medical records. Except this reason, the appellant has not assigned any other valid reason for the delay of 1084 days.
4. We do not find any valid reason for condoning the delay of 1084 2/4
days in preferring the original side appeal and therefore, we are inclined to dismiss the petition for condonation of delay. Accordingly, the civil miscellaneous petition is dismissed. Consequently, the proposed original side appeal is rejected. No costs.
[A.S.M., J] [N.S., J] 24.06.2025 Index:Yes/No Speaking order/Non-speaking order Asr DR. ANITA SUMANTH.,J.
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N.SENTHILKUMAR.,J.
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