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Madras High CourtCMP/29661/2025ordered

Ranjith Kumar v. Vaithiyanathasamy

2026-01-06Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-01-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND SA SR NO. 127116 OF 2019

1. Ranjith Kumar S/o. Dhanapal, No. 66-C, Therkuthiruppu Village, Annamalai Nagar, Chidambaram.

2. Senthilkumar S/o. Dhanapal, No. 66-C, Therkuthiruppu Village, Annamalai Nagar, Chidambaram.

3. Tamilarasi S/o. Dhanapal, No. 66-C, Therkuthiruppu Village, Annamalai Nagar, Chidambaram.

4. Sangeetha S/o. Dhanapal, Therkuthiruppu Village, Annamalai Nagar, Chidambaram.

Appellant(s) Vs

1. Vaithiyanathasamy S/o. Kuppusamy No. 66-C, Therkuthiruppu Village, Annamalai Nagar, Chidambaram.

2.Dhanapal S/o. Pakkirisamy, Therkuthiruppu Village, Annamalai Nagar, Chidambaram.

Respondent(s)

PRAYER To condone the delay of 2128 days in re-presenting SA SR No. 127116 of 2019 For Appellant(s):

Mr.M.Santhanaraman For Respondent(s):

Mr.C.Prakasam For R1 Batta Due Reg. R2

ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of 2128 days in re-presenting SA SR No. 127116 of 2019.

2. The learned counsel for the petitioner submits that due to misplacement of case bundle they were not able to present the second appeal within the stipulated period. Hence, he prays to allow this second appeal.

3. The learned counsel for the respondent raised strong objection stating that near about 6 years later they filed this present petition.

4. Considering the fact that the the delay occurred only due to the petitioner's counsel. The parties are nothing to do with the procedures and it is for the counsel to represent the case. Therefore in order to give opportunity, this Court is inclined to condone the delay of 2128 days in re-presenting SA SR No. 127116 of 2019 with the condition that the petitioner shall pay a cost of Rs.3,000/- to the respondent counsel within a period of two weeks from today. On such deposit being made, the second appeal is ordered to be numbered, if it is otherwise found to be in order.

06-01-2026 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes

T.V.THAMILSELVI J.

pbl AND SA SR NO. 127116 OF 2019 06-01-2026