Madras High CourtCMP(MD)/12084/2024allowed

S.Samiappan v. R.Palanisamy

2026-02-11Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Kalaimathi2 pages

CMP(MD) NO. 12084 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11-02-2026

CORAM

THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS JUSTICE R. KALAIMATHI CMP(MD) NO. 12084 of 2024 IN AS(MD) SR NO. 57066 OF 2024

1. S.Samiappan S/o. Subbarayan Old Door No.3/88/37 New Door No.242/2 Vadivel Nagar Andankovil East Village Manmangalam Taluk Karur District.

Petitioner(s) Vs

1. R.Palanisamy S/o. Ramasamy Goundar Ponniyagoundan Pudur Punnam Chathiram Post Punnam Village Avaraikuruchi Taluk Karur District.

Respondent(s) For Petitioner(s): Mr.V.Sukumar Prayer: This petition is filed under Section 5 of Limitation Act praying this Court to condone the delay of 881 days in filing of the main appeal suit and thus render justice. https://www.mhc.tn.gov.in/judis

ORDER

(Order of the Court was made by the Hon'ble G.R.Swaminathan J.) This appeal arises out of O.S.No.64 of 2016 on the file of the Principal District Judge, Karur. The appeal has been filed with a delay of 881 days.

2. The petitioner's counsel points out that O.S.No.64 of 2016 was tried along with O.S.No.67 of 2016. While O.S.No.64 of 2016 was decreed as prayed for, O.S.No.65 of 2016 was dismissed by a common Judgment. Aggrieved by the dismissal of O.S.No.65 of 2016, the plaintiff has filed A.S.(MD)No.3 of 2021 before this Court and it is still pending. The petitioner also states that he will deposit Rs.6,00,000/- to the credit of O.S.No.64 of 2016 within 8 weeks from the date of receipt of a copy of this order.

3. We are satisfied with the reasons set out in the affidavit filed in support of the condone delay petition. Delay occasioned in filing this appeal is condoned. This Civil Miscellaneous Petition is allowed. After the same is numbered, Registry shall list A.S.(MD)No.3 of 2021 along with this appeal so that they can be jointly taken. (G.R.SWAMINATHAN J.) (R.KALAIMATHI J.) 11-02-2026 rmi To

1. R.Palanisamy S/o. Ramasamy Goundar Ponniyagoundan Pudur Punnam Chathiram Post Punnam Village Avaraikuruchi Taluk Karur District.

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