Sankaralingam v. Kanagaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08-08-2025

CORAM

THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN in SA(MD)SR.No. 52114 of 2018 Sankaralingam ... Petitioner / Petitioner Vs Kanagaraj ... Respondent / Respondent Prayer : This Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 2223 days in representing the Second Appeal in S.A (MD)SR.No.52114 of 2018.

For Petitioner : Mr.S.Sadeskumar For Respondent : Mr.S.Siva Thilakar

O R D E R

The Civil Miscellaneous Petition is filed to condone the delay of 2223 days in representing the Second Appeal in S.A(MD)SR.No.52114 of 2018. 1/4

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. Learned counsel for the petitioner submits that the papers were returned for compliance on 01.06.2022 and the same has been represented on 28.03.2025. As such the actual delay that occurred in representing the papers is only 1031 days. But however, it has been wrongly calculated as 2223 days. Learned counsel submits that the appellant was seriously ill and he was taking treatment and due to his old age, he was not able to immediately recover and contact the counsel to take steps to comply with the defects. The delay occurred is bonafide which is explained in the affidavit.

4. Learned counsel appearing for the respondent raised his objections for the delay, since the delay is even admittedly, more than nearly three years.

5. Considering the fact that the petitioner / appellant was hospitalized and taking treatment and the delay is explained in paragraph No.8 of the affidavit, I am of the considered opinion that the delay could be condoned by putting the petitioner 2/4

on terms and allow the petitioner / appellant to prosecute the appeal on merits. The petitioner / appellant shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Women Advocates Association, Madurai Bench of Madras High Court (Account No.6477041768, IFSC Code: IDIB000H040, Indian Bank, High Court Branch, Madurai, Branch Code: 2001], for the purpose of maintaining Creche, within a period of two weeks from today (08.08.2025), failing which, the Civil Miscellaneous Petition shall stand automatically dismissed without any further reference to the Court.

sd/- 08/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

Pnn TO The Officer Incharge, Women Advocates Association, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN in SA(MD)SR.No. 52114 of 2018 Date :08/08/2025 PR/18.08.2025 4P/2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4