Murugeswari v. Chandra

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-07-2025

CORAM

THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN in A.S(MD).SR.No.7139 of 2024 Murugeswari Petitioner(s) Vs 1.Chandra 2.Selvanayagam 3.Sesumerry 4.Susaiammal 5.Joseph Selvakumar 6.Mercykildarani 7.Manickaraj 8.Mariadoss 9.Mariammal 10.Vasanthamery 11.Lily 12.Kamalam 13.Saral Respondent(s) For Petitioner(s):

Mr.R.Senthilkumar For Respondent(s):

Mr.V.Janakiramulu for R1.

ORDER

This petition has been filed to condone the delay of 811 days of delay in filing the above first appeal.

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2.First respondent is the only contesting respondent. The learned counsel for the first respondent would submit that the present appeal suit has been filed with a delay of 511 days against the preliminary decree passed in O.S.No.64 of 2025. But, before filing the appeal, final decree proceedings were initiated. Now the final decree was also passed. Hence, he seeks to dismiss the petition. 3.The learned counsel for the petitioner submitted that he is the purchaser of the share from the 12th defendant. 12th defendant has not informed about the decree passed. Hence, there is a delay of 511 days.

4.In view of the above, this Court is inclined to condone the delay with cost payable to the first respondent.

5.Accordingly, this petition stands allowed on payment of cost of Rs.10,000/- (Rupees Ten Thousand only) to the first respondent by the petitioner within a period of two weeks from the date of receipt of a copy of this order. 6.List the matter on 19.08.2025 for reporting compliance. sd/- 29/07/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TM TO THE PRINCIPAL DISTRICT JUDGE, DINDIGUL

ORDER

IN in A.S(MD).SR.No.7139 of 2024 Date :29/07/2025 PR/05.08.2025 3P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3