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Madras High CourtCMP/29990/2025delay condoned

K.Srinivasan v. Deivanai

2025-12-15Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU in A.S.SR.No.181876 of 2025

1. K.Srinivasan S/o. Late. Kaliyappan, D.No. 2/129, Kullanur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist - 635 206.

2. S.Nithya W/o. K.Srinivasan D.No. 2/129, Kullanur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist. 635 206

3. K.Jyothi W/o. Late. Kaliyappan D.No. 2/129, Kullanur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist. 635 206 Appellant(s) Vs

1. DEIVANAI W/o. Mahendhiran D.No. 354/1, Nadukattur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist. 635 206 1/4

Respondent(s) For Appellant(s):

Mr.T.S.Baskaran

ORDER

(Order of the Court was made by C.V.Karthikeyan J.) The Civil Miscellaneous Petition has been filed, seeking to condone the delay of 249 days in preferring the appeal.

2. In the affidavit filed in support of this petition, it has been contended that certified copy of the judgment and decree was applied only on 17.07.2025. Though the judgment was dated 27.11.2024, the copies were have been made ready on 02.08.2025 and collected on 11.08.2025 and thereafter, the learned counsel had to be informed about filing of the appeal. In all these procedures, there has been a delay.

3. Notice had been directed to the respondent and Affidavit of Service has been filed, stating that the respondent had been served through private notice. The name of the respondent is also printed in the cause list.

4. In view of the fact that the suit is for partition, it is imperative that all issues are examined at the appellate stage also. 2/4

5. Accordingly, the delay of 249 days in filing the appeal stands condoned and the CMP.No.29990 of 2025 in A.S.SR.No.181876 of 2025 is allowed.

6. Registry is directed to number the appeal, if it is otherwise in order. (C.V.K., J.) (K.B., J.) 15-12-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.DEIVANAI W/o. Mahendhiran D.No. 354/1, Nadukattur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist. 635 206 3/4

C.V.KARTHIKEYAN J.

AND K.KUMARESH BABU J.

kak in A.S.SR.No.181876 of 15-12-2025 4/4