Madras High CourtCMP(MD)/6431/2024allowed with costs

Thangadurai Nadar(Died) v. F.Rymond

2025-09-23Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-09-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN SA(MD) SR NO. 31470 of 2024 1.Thangadurai Nadar (Died) 2.J.Jeyakumari 3.J.Thanga Selvam 4.J.Jebajothi 5.J.Jebasudha 6.J.Thanga Thurai 7.J.Thanga Selvan (Appellant Nos.2 to 7 are brought on record as LRs of the deceased sole appellant vide Court order dated 15.07.2025 made in CMP(MD)No.9572 of 2025 in SA(MD)SR No.31470 of 2024 by GAMJ) Petitioner(s) Vs 1/5

1.F.Rymond 2.Kuruthu 3.Gnanaselvi Respondent(s) For Petitioner(s):

Mr.D.Nallathambi, Advocate For Respondent(s):

Mr.V.George Raja, Advocate for R2 R1 - No Appearance R3 - Dispensed with Prayer : Civil Miscellaneous Petition is filed to condone the delay of 591 days in filing the second appeal in S.A.(MD)SR No.31470 of 2024 on the file of this Court as against the judgment and decree dated 07.06.2022 passed in A.S.No.34 of 2017 on the file of Sub Court, Tiruchendur.

ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of 591 days in filing the Second Appeal in S.A.(MD)SR No.31470 of 2024 before this Court.

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2. Heard the learned counsel for the petitioners and the learned counsel for the 2nd respondent, and I have perused the affidavit filed in support of this petition.

3. Notice to the 3rd respondent has been dispensed with, and the name of the 1st respondent has already been printed in the cause list.

4. The learned counsel for the 2nd respondent submitted that this petition may be allowed by imposing cost.

5. Being satisfied with the reasons stated in the affidavit, and also considering the submission made by the learned counsel for the 2nd respondent, this Court is inclined to allow this petition on payment of cost. Accordingly, this Civil Miscellaneous Petition will be allowed on payment of cost of Rs.2,000/- (Rupees Two Thousand only) by the petitioners to the 2nd respondent on or before 06.10.2025. 3/5

6. List the matter under the caption "for reporting compliance" on 07.10.2025.

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P.VADAMALAI, J.

mkn IN SA(MD) SR NO. 31470 of 2024 23.09.2025 5/5