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Madras High CourtCMP/12666/2017allowed

Kandasamy Gounder v. K.Soundarrajan

2025-07-14Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE R.SAKTHIVEL CMP.No.12666 of 2017 in A.S.SR.No.37039 of 2017 Kandasamy Gounder ... Petitioner / Appellant Vs.

1. K.Soundarrajan

2. Angammal

3. Selvaraj (Died)

4. Dhanalakshmi

5. Velumani

6. Dhanalakshmi

7. Kavipriya

8. Karthikeyan (Minor) (R8 rep. by his legal heirs & natural guardian Dhanalakshmi R3 died, R6 to R8 are brought on record as Legal Heirs / Legal representatives of deceased ) (R3, vide order of this Court dated 25.10.2025 made in CMP.Nos.22001 of 2024 in AS.SR.No.37039 of 2017) ... Respondents / Respondents PRAYER IN CMP.No.12666 of 2017 : This Civil Miscellaneous Petition filed under Section 5 of Limitation Act, praying to condone the delay of 55 days in preferring the appeal suit before this Court against the Judgment an Decree passed in O.S.No.304 of 2009 dated 24.11.2016 on the file of the I Additional District and Sessions Judge at Coimbatore District. Page No.1 of 4

For Petitioner :

Dr.P.Vasudevan for Mr.V.Chinnasamy For Respondents :

Mr.S.Venkatesh for R1 : Mr.A.E.Ravichandran for R5

ORDER

This Civil Miscellaneous petition is filed by the petitioner / appellant seeking to condone the delay of 55 days in preferring the appeal suit before this Court against the Judgment an Decree passed in O.S.No.304 of 2009 dated 24.11.2016 on the file of the I Additional District and Sessions Judge at Coimbatore District.

2. Heard Dr.P.Vasudevan, representing Mr.V.Chinnasamy, learned counsel on record for the petitioner and Mr. Venkatesh, learned counsel on record for the first respondent and Mr.A.E.Ravichandran, learned counsel on record for the fifth respondent.

3. On being satisfied with the reasons stated in the affidavit filed in support of this petition and also considering the submissions made on either side, this Court is inclined to allow this petition. Accordingly, this petition is allowed without costs.

14.07.2025 av Page No.2 of 4

Note: Registry is directed to number the other petitions, if it is in order. ieS Page No.3 of 4

R.SAKTHIVEL, J.

av CMP.No.12666 of 2017 in A.S.SR.No.37039 of 2017 CMA NOS.423 AND 828 OF 2021 14 / 07 / 2025 (2/4) Page No.4 of 4