Periyathambi, v. Selvaraj,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-12-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI in SA.SR.No.108599 of 2025

1. Periyathambi,

2. Mani,

3. Aarumugam alias Kaasi,

4. Kandasami, Appellant(s) Vs

1. Selvaraj 2.Mani 3.Aiyyavu 4.Sakthivel 5.Sathish 6.Sangeetha 7.District Collector, District Collector Office, Salem.

8.Tahsildar, Mettur Dam.

9.Village Administration Officer, Karikkapatti Village, Theramangalam Post, Mettur Taluk, Salem District.

10.Sekar Respondent(s)

For Appellant(s):

M/s.B.Ravi For Respondent(s):

M/s.A.Ashok Kumar For R1 To R6 Mr.C.Sathish, G.A., for R7 to R9 R10- No Appearance

ORDER

This petition has been filed to condone the delay of 733 days in filing the second appeal.

2. The learned counsel for respondents 1 to 6 raised strong objection for allowing this petition stating that within an intention to drag on the proceedings, the defendants/petitioners have come forward with the appeal with such a delay.

3. The learned Government Advocate appearing for the respondents 7 to 9 also raised objection.

4. Considering the fact that suit is filed for the relief of partition, if an opportunity is not given, the defendants/petitioners valuable right to get the property will be defeated. Therefore, to give one more opportunity, this Court is inclined to condone the delay on condition that the petitioners shall pay cost of Rs.3,000/- (Rupees three thousand only) to the learned counsel for respondents

1 to 6 and Rs.2,000/- (Rupees two thousand only) to the learned Government Advocate for the respondents 7 to 9 within a week. On payment of the costs, the appeal shall be taken on file. Accordingly, this petition is ordered. 08-12-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

T.V.THAMILSELVI J.

pvs 08-12-2025