Madras High CourtCMP(MD)/5530/2026ordered

V.Rajamariyan v. 1. Lalitha Hepsi Bai (Died) 2. P. Lambert Jeba Prakash

2026-06-30Honourable Mrs Justice T.V.Thamilselvi4 pages

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

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI in SA(MD)SRNo.76885 and 76883 of 2025 C.M.P(MD)No.5530 of 2026 V.Rajamariyan ... Petitioner(s) - Vs. - 3.P. Lambert Raja Prakash ... Respondent(s) Prayer : To condone the delay of 521 days in filing the petition to bring on records the legal heirs of the deceased sole respondent C.M.P. (MD) No. 17538 of 2025 in S.A.(MD) SR. No. 76885 of 2025 on the files of this Honourable Court and thus render justice. C.M.P(MD)No.17535 of 2026 V.Rajamariyan ... Petitioner(s) - Vs. - 1/4

3.P. Lambert Raja Prakash ... Respondent(s) Prayer : To condone the delay of 119 days in filing the appeal against A.S.No.7 of 2017 dated 13.11.2024 on the file of the Principle District Court, Nagercoil pending disposal of this second appeal. For Petitioner : Mr.SC.Herold Singh

ORDER

These Petitions are filed (i)to condone the delay of 521 days in filing the petition to bring on records the legal heirs of the deceased sole respondent;

(ii)to condone the delay of 119 days in filing the appeal against A.S.No.7 of 2017 dated 13.11.2024 on the file of the Principle District Court, Nagercoil.

2.The learned counsel appearing for the respondent raised strong objections stating that no proper reason was assigned for the delay. but however on perusal of the records, it reveal that the respondent as on date 2/4

has passed away and the appeal was preferred against the findings given by the court below by the petitioner.

3.The petitioners are the defendants in the suit in O.S.Nos.126 of 2004 and 125 of 2007 filed by the respondent for specific performance wherein the property belongs to the petitioner is in dispute. In order to give one more opportunity to prove their defense, this Court is inclined to allow the said applications on payment of cost of Rs.1,500/- each. Accordingly, these Petitions are allowed on payment of cost of Rs.1,500/- each (Rupees One Thousand Five Hundred only) to the learned counsel for the respondent within a period of one week from today. On such payment being made, the appeal is ordered to be taken on file on 24.07.2026.

4.Registry is directed to carry out the necessary amendment in the cause title.

30.06.2026 Ns 3/4

T.V.THAMILSELVI,J.

Ns in SA(MD)SRNo.76885 and 76883 of 2025 30/06/2026 4/4