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Madras High CourtA/692/2026allowed

C.Raja v. K.Palani

2026-02-11Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-02-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL A.No. 692 of 2026 in CS No. 27 OF 2024 C.Raja Proprietor Of M/s Honest Builders, Having Office At No.13/17, Rear Building, 18th Avenue, Ashok Nagar, Chennai 600 083.

..Applicant Vs

1. K.Palani

2. Mr.Senthil Kumar alias K.Senthil Raj

3. Mrs.K.Sridevi ..Respondents Application filed under Order V Rules 5 of the Original Side Rules read with Order V Rules 5 and 3 of the Original Side Rules to condone the delay of 164 days in filing the reply to the counter claims filed by Defendants 1 and 2 in C.S.No.27 of 2024.

For Applicant:

M/S.G Vijay Anand Associates for Ms.R.Aparna For Respondents:

Mr.Thomas T.Jacob (R1 and R2) Mr.M.Jaikumar (R3) Order This application has been filed to condone the delay of 164 days in filing the reply to the counter claims filed by the defendants 1 and 2 in the C.S.No.27 of 2024.

2. According to the applicant, he is the plaintiff in the main suit. The respondents 1 and 2/defendants 1 and 2 have filed their counter claims along with their written statement. Since the applicant was sick and hospitalized at the relevant point of time, he could not file his reply to the counter claim, within the time. Hence, he filed this application seeking to condone the delay of 164 days in filing the reply to the counter claims filed by the defendants 1 and 2.

3. The learned counsel appearing for the other side has raised no objection for allowing this application.

4. Considering the reasons stated in the affidavit filed in support of this

application and considering the no objection having been stated by the learned counsel appearing for the other side and also to avoid multiplicity of proceedings, this Court feels it appropriate to allow this application. Accordingly, this application is allowed and the delay of 164 days in filing the reply to the counter claims filed by the defendants 1 and 2 is condoned. The reply filed by the applicant to the counter claims filed by the defendants 1 and 2 is taken on record.

11-02-2026 (1/2) Index: Yes/No Speaking/Non-speaking order arr

P.DHANABAL J.

arr in CS NO. 27 OF 2024 11-02-2026