Madras High CourtCMP(MD)/19328/2025allowed

Kanthaiah Thevar v. Balakrishnan

2026-02-09Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09-02-2026

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN AS(MD) SR NO. 98656 of 2025 Kanthaiah Thevar Petitioner(s) Vs 1.Balakrishnan 2.Arumugam (2nd respondent herein is given up, since he is sailing same way in favour of the appellant herein. Hence, batta is not necessary) Respondent(s) For Petitioner(s):

Mr.Srinivasan A, Advocate For Respondent(s):

Mr.R.Ponkarthikeyan, Advocate for R1 R2 - Dispensed with 1/4

Prayer : Civil Miscellaneous Petition is filed to condone the delay of 145 days in filing this appeal against the judgment and decree passed in O.S.No.98 of 2023 dated 11.03.2025 on the file of the Principal District Judge, Tirunelveli.

ORDER

This Civil Miscellaneous Petition has been filed to condone the delay of 145 days in filing the Appeal Suit in A.S.(MD)SR No.98656 of 2025 before this Court.

2. Heard the learned counsel appearing on either side and perused the affidavit filed in support of this petition.

3. Notice to the 2nd respondent has already been dispensed with.

4. The learned counsel for the 1st respondent has raised only formal objections to this petition.

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5. Being satisfied with the reasons stated in the affidavit, this Civil Miscellaneous Petition is allowed.

09-02-2026 Note : The Registry is directed to number the Appeal Suit in A.S.(MD)SR No.98656 of 2025, if it is otherwise in order and list the same on 16.02.2026.

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P.VADAMALAI, J.

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