B.Murgugadoss v. P.Lakshmi Narayanan

CMP NO. 25519 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI CMP NO. 25519 of 2025 AND AS SR NO. 154433 OF 2025 B.Murgugadoss Appellant(s) Vs P.Lakshmi Narayanan and 3 Others Respondent(s) For Petitioner(s): Mr.S.Anbazhagan For Respondent(s): Mr.N.Nithianandam, Counsel for Caveator, for R1.

ORDER

This civil miscellaneous petition has been filed seeking to condone the delay of 60 days in filing the above appeal.

2. The contesting respondent, who is the plaintiff in the suit has been served.

3. Learned counsel for the petitioner, inviting my attention to Paragraph No.17 of the affidavit filed in support of this petition would state that, the petitioner is a senior citizen and due to ill health, he could not prefer the appeal in time.

4. Per contra, the learned counsel for the Caveator/R1 would state that the averments are self serving and the same has not been substantiated by any medical records and accordingly, he prayed for dismissal of this petition.

5. I have carefully considered the submissions made by the learned counsel on either side. https://www.mhc.tn.gov.in/judis

P.B. BALAJI, J.

skt

6. On a perusal of the materials placed on record, I am satisfied that the delay of 60 days in filing the above appeal has been reasonably explained in the affidavit and that I am satisfied that the petitioner has not been callous or indifferent in preferring the appeal and thereby, I am inclined to allow this petition.

7. Accordingly this Civil Miscellaneous Petition is allowed. Registry is directed to number the main appeal, if it is otherwise in order and post the matter for admission in the usual course.

25-10-2025 skt To The XIX Additional City Civil Court, Chennai.

CMP NO. 25519 of 2025 AND AS SR NO. 154433 OF 2025 https://www.mhc.tn.gov.in/judis