Madras High CourtCMP(MD)/14747/2023ordered

P.Chinnasamy, v. Sathiyavathi,

2026-06-24Honourable Mr Justice P.B. Balaji2 pages

CMP(MD). No.14747 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 24/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P.B. BALAJI CMP(MD). No.14747 of 2023 in SA(MD)SR.No.25389 of 2022

1. P.Chinnasamy

2. Latchumayee,

3. Muthumari,

4. Jeyaraj ... Petitioners Vs Sathiyavathi ... Respondent PRAYER :- To condone the delay of 156 days in filing the above appeal against the Judgment and Decree of the Learned Sub Court, Uthampalayam, Theni District in AS No.14 of 2017 dated 09.12.2019 confirming the Judgment and Decree of the Learned District Munsif Court, Uthamapalayam, Theni District in OS No.149 of 2013 dated 17.02.2017. For Petitioners : M/s. A.Arumugam, For Respondent : Mr.A. Rajasekaran

ORDER

Heard the learned counsel for the petitioners and the first respondent.

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CMP(MD). No.14747 of 2023

2. The petitioners have filed the present application seeking to condone the delay of 156 days in filing the Second Appeal.

3. The learned counsel for the first respondent opposes the delay on the ground that the petitioners have chosen to blame his counsel, which practice has been repeatedly deprecated by the Hon'ble Supreme Court in a number of decisions. He would therefore pray for dismissal of the delay petition.

4. I have carefully gone through the affidavit filed in support of the application and find that some justifiable grounds have been made out to explain the delay. The delay is also not inordinate, being only 156 days. In order to give an opportunity to the petitioners to contest the appeal on merits, I am inclined to allow the application, subject to payment of costs of Rs. 2,000/- to the counsel for the first respondent within a period of one week.

5. Post on 03.07.2026 for reporting compliance. 24.06.2026 TRP 2/2 https://www.mhc.tn.gov.in/judis