Madras High CourtCMP(MD)/19354/2025ordered

Muthulakshmi v. Chellaiah

2026-03-23Honourable Mr Justice P.B. Balaji3 pages

CMP(MD) NO. 19354 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-03-2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CMP(MD) NO. 19354 of 2025 IN SA(MD) SR NO. 73578 OF 2025

1. Muthulakshmi W/o.Chinnan Aged About 39 Ward No.15 Nethaji Nagar Usilampatti Town Usilampatti Taluk Madurai District.

2. CHINNAN S/o.Iyer Thevar Aged about 62 Othapatti Village Usilampatti Taluk Madurai District.

Petitioner(s) Vs

1. Chellaiah S/o.Rasu Thevar Aged about 56 Ward No.14 Chinna Poosari Street Keelaputhur Usilampatti Taluk Madurai District.

Respondent(s)

For Petitioner(s):

M/s.Roy And Roy Associates Mr.S.Rajasekar For Respondent(s):

M/s. S. Prabhu S.Bala Murugan K.Anbu Chelvam For Sole Respondent Sr. 6003 Dt 12.02.2026 Prayer:

To condone the delay of 495 days in filing the above Second Appeal in S.A. (MD).SR.No.73578 of 2025 and thus render justice.

ORDER

The delay of 495 days in preferring the Second Appeal is sought to be condoned.

2.I have heard the learned Counsel for the parties. 3.Learned Counsel for the petitioners, taking me through the affidavit filed in support of the condone delay application by the second petitioner would reiterate the reasons assigned in paragraph No.10 of the affidavit. 4.The learned Counsel for the respondent opposes the application on the ground that the reasons for delay as set out in paragraph No.10 have not been substantiated by filing any medical records.

5.Independently, going through the averments set out in the affidavit filed in support of this application, I am satisfied that the delay has been reasonably explained by the petitioner in the affidavit filed in support of the condone delay application. However, at the same time, the prejudice caused to the respondent has to be necessarily compensated. 6.Accordingly, this Civil Miscellaneous Petition is allowed on payment of Rs.3,000/- to the learned Counsel for the respondent within a period of one [1] week.

7.Post on 30.03.2026, "for reporting compliance". 23-03-2026 MR To

1. Chellaiah S/o.Rasu Thevar Aged about 56 Ward No.14 Chinna Poosari Street Keelaputhur Usilampatti Taluk Madurai District.