Madras High CourtCMP(MD)/16689/2023ordered

Marial Arockiasamy, v. T.Muthuram,

2026-06-04Honourable Mr Justice P.B. Balaji2 pages

CMP(MD). No.16689 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P.B. BALAJI CMP(MD). No.16689 of 2023

1. Marial Arockiasamy

2. Thelima

3. Francis

4. Andrews

5. Dickruz

6. Agneesh Fathima ... Petitioners Vs

1. T.Muthuram

2. M.Tamilselvi

3. Minor Ramesh Muthu,, Through His Mother and Guardian M.Tamilselvi

4. Nalayini

5. Minor Vivek, Through His MotherAnd Guardian Nalayini

6. Minor Vignesh, Through His Mother And Guardian Nalayini

7. Joshpin Mary

8. S.Muthulakshmi

9. R.Mallika

10. K.Banumathi

11. A.S.A.Annamalai ... Respondents PRAYER :- To permit the petitioners to delay of representation of 1464 days in representing the main Second Appeal in SA (MD) SR. No.20102 of 2017.

For Petitioners : Mr.V. Meeakshi Sundaram 1/2 https://www.mhc.tn.gov.in/judis

CMP(MD). No.16689 of 2023

ORDER

This petition has been filed to condone the delay of 1464 days in representing the above Second Appeal.

2. Mr. V. Meenakshi Sundaram, learned counsel appearing for the petitioners, states that the 11th respondent, who remains un served and has also been reported dead, remained ex parte in the proceedings before the trial Court as well as the first appellate Court. He further states that notice to the 11th respondent may be dispensed with. The other remaining respondents have either entered appearance or have been given up.

3. Pursuant to the memo filed by the petitioners and upon considering the present petition filed for condoning the delay of 1464 days, as well as the reasons assigned in the appeal papers, I have gone through paragraphs 7 and 8 of the affidavit and I am satisfied that the petitioners have made out sufficient grounds explaining the delay in representation. Since the Second Appeal has been filed within time, I am inclined to allow this petition.

4. Accordingly, this petition is allowed and the delay of 1464 days in representing the above Second Appeal is condoned. 04.06.2026 trp Note : Registry is directed to number the Second Appeal if it is otherwise in order and list it for admission in the usual course. 2/2 https://www.mhc.tn.gov.in/judis