Kaluvayee Amman (Died) Pandiyammal v. Thangamani Ammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/06/2026

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI in SA(MD)SRNo.12739 of 2026

1. Kaluvayee Amman (Died) Pandiyammal ... Petitioner(s) - Vs. - Thangamani Ammal ... Respondent(s) Prayer: To Condone the delay of 112 days in filing this Second Appeal against the decree and judgment passed in OS No.139 of 2011 on the file of the Learned District Munsif cum Judicial Magistrate No.1 Usilampatti and confirmed in the Judgment Decree passed in AS No.120 of 2019 on the file of the Learned Sub Judge, Usilampatti, Madurai District and thus render justice.

For Petitioner : Mr.K.K.Samy For Respondent : Mr.J.Senthilkumaraiah 1/4

ORDER

This Petition is filed to condone the delay of 112 days in filing this Second Appeal against the decree and judgment passed in OS No.139 of 2011 on the file of the Learned District Munsif cum Judicial Magistrate No.1 Usilampatti and confirmed in the Judgment Decree passed in AS No.120 of 2019 on the file of the Learned Sub Judge, Usilampatti, Madurai District and thus render justice.

2.The learned counsel for the petitioner would submit that original plaintiff died and her legal heirs are the applicants and due to lack of communication, they were not able to file an appeal in time. 3.The learned counsel appearing for the respondent raised formal objections.

4.In view thereof, this Court gives one more opportunity to the petitioner. Accordingly this Court is inclined to allow the said application on payment of cost of Rs.1,500/-. Accordingly, this Petition is allowed on payment of cost of Rs.1,500/- (Rupees One Thousand Five Hundred 2/4

only) to the learned counsel for the respondent within a period of two weeks from today. On such payment being made, the appeal is ordered to be taken on file on 15.07.2026.

30.06.2026 Ns 3/4

T.V.THAMILSELVI,J.

Ns in SA(MD)SRNo.12739 of 2026 30/06/2026 4/4