Naganathan v. Maheshwari

CMP(MD) NO. 15533 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-11-2025

CORAM

THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CMP(MD) NO. 15533 of 2024 IN CMA(MD) SR NO. 76812 OF 2024

1. Naganathan S/o.Periyasamy Konganthidal Village Door No.3/265 Uruvatti Post Devakottai Taluk Sivagangai District.

Petitioner(s) Vs

1. Maheshwari W/o.Naganathan D/o.Kubbusamy Door No.25 Vallakkulam Village Sathani Post Ilayakudi Taluk Sivagangai District.

2. Muruganatham S/o.Ramasamy No.36 Azhagappa Nagar Uruthikottai Devakottai Taluk Sivagangai District.

Respondent(s) For Petitioner(s):

Mr.A.R.Kannappan

G.Sivakumar For Respondent(s):

M/s. N.Pragalathan, for R2 K.Muthurakkan M.Thanga Prakash M/s. M.S.Jeyakarthik, for R1 M.Vasanth M.P.Balaganesh For R1 Sr.45734 Dt.06.12.2024 Counter Affidavit Filed For R1 Usr. 46795 Dt 12.11.2025 PRAYER ; Civil Miscellaneous Petition filed under Section5 of the Limitation Act praying this Court to condone the delay of 120 days in filing the present civil miscellaneous appeal against the order and decree in H.M.O.P.No.380 of 2022, on the file of Family Court, Sivagangai.

ORDER

(Order of the Court was made by P.VELMURUGAN.,J.) This Petition is filed to condone the delay of 120 days in filing the above Civil Miscellaneous Appeal as against the order and decree made in H.M.O.PNo.380 of 2022, on the file of Family Court, Sivagangai.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.Though the learned counsel for the respondents raised objection stating that the reasons assigned by the Petitioner in his affidavit is not satisfactory, however, a reading of

the appeals papers would show that H.M.O.P.No.380 of 2022 was filed for divorce and the same was dismissed. Though the Petitioner has got a right of appeal, there is a delay of 120 days in preferring the appeal and the Petitioner has satisfactorily explained the reasons for condoning the delay. Accordingly, this Petition is ordered and the delay is condoned. 4.Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and list it for admission in the usual Course. (P.VELMURUGAN J.) (L.VICTORIA GOWRI J.) 13-11-2025 vsn

P.VELMURUGAN,,J .

And L.VICTORIA GOWRI.,J vsn ORDER MADE IN CMP(MD) NO. 15533 of 2024 IN CMA(MD) SR NO. 76812 OF 2024 13.11.2025