Madras High CourtCMP(MD)/6406/2018dismissed for default

Nagammal v. Therasammal

2025-12-16Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in S.A.(MD)SR.No.12681 of 2018 and S.A.(MD)SR.No.12681 of 2018 Nagammal ... Petitioner/ Appellant Vs.

1.Therasammal 2.Pilavendran ... Respondents/ Respondents Prayer in C.M.P.(MD)No.6406 of 2018 : The Civil Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 674 days in preferring the above second appeal. Prayer in S.A.(MD)No.SR12681 of 2018 : The Second Appeal filed under Section 100 C.P.C. against the judgment and decree dated 09.02.2016 passed in A.S.No.18 of 2013 on the file of Subordinate Judge, 1/4

Palani in confirming the judgment and decree dated 07.06.2013 passed in O.S.No.332 of 2009 on the file of District Munsif, Palani. (in both cases) For Petitioner : Mr.R.Govindaraj For Respondents : R1 - Died Mr.T.Lenin Kumar for R2 COMMON ORDER The Civil Miscellaneous Petition has been filed seeking orders to condone the delay of 674 days in preferring the second appeal, challenging the judgment and decree passed in A.S.No.18 of 2013 dated 09.02.2016 on the file of the Subordinate Court, Palani, confirming the judgment and decree made in O.S.No.332 of 2009 dated 07.06.2013 on the file of the District Munsif Court, Palani.

2. When the matter was taken up on 11.12.2025, taking note of the fact that death of the first respondent was reported as early as on 04.08.2022 and after taking several adjournments, steps were not being taken, this Court ordered to post the matter on 16.12.2025 for taking steps as last chance. Even today (16.12.2025), the learned counsel appearing for 2/4

the petitioner would submit that they are not having any instructions. Hence, this Civil Miscellaneous Petition stands dismissed for default. Consequently, S.A.(MD)SR.No.12681 of 2018 stands rejected at the SR stage itself.

16.12.2025 NCC :yes/No Index :yes/No Internet:yes/No csm To 1.The Subordinate Judge, Palani.

2.The District Munsif, Palani.

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K.MURALI SHANKAR ,J.

csm Order made in in S.A.(MD)SR.No.12681 of 2018 and S.A.(MD)SR.No.12681 of 2018 Dated : 16.12.2025 4/4