K.Periyasamy v. A.Nallasivam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 25.06.2025

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR in A.S(MD)No.SR 65981 of 2024 K.Periyasamy : Petitioner/Appellant Vs.

A.Nallasivam : Respondent/Respondent PRAYER in C.M.P(MD)No. 2169 of 2025: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 2036 days in filing the appeal against judgment and decree made in O.S.No.16 of 2018 on the file of the Additional Sessions Judge/Fast Track, Mahila Court, Karur, dated 31.10.2018.

PRAYER in C.M.A(MD)No.SR 65981 of 2024 : Appeal Suit filed under Section 96 r/w Order 41 Rule 31 C.P.C., challenging the judgment and decree passed in O.S.No.16 of 2018 on the file of the learned Additional Sessions Judge/Fast Track, Mahila Court, Karur, dated 31.10.2018.. For Petitioner : Mr.V.Muthu Kamatchi For Respondent : Mr.N.Sundaresan 1/4

ORDER

The above application has been filed seeking orders to condone the delay of 2036 days in filing the appeal against judgment and decree made in O.S.No.16 of 2018 on the file of the Additional Sessions Judge/Fast Track, Mahila Court, Karur, dated 31.10.2018.

2.When the matter is taken up for hearing today (ie., 25.06.2025), the learned counsel appearing for the petitioner would submit that the sale deed came to be executed by the Court and possessions was also handed over to the decree holder and as such nothing survives for further adjudication. 3.Recording the same, the Civil Miscellaneous Petition is dismissed as infructuous. Consequently, the appeal suit in A.S(MD)SR No.65981 of 2024 is rejected at the SR stage itself. No costs. 25.06.2025 NCC : Yes /No Index : Yes / No Internet : Yes / No das 2/4

To 1.The Additional Sessions Judge/Fast Track, Mahila Court, Karur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das in A.S(MD)No.SR 65981 of 2024 Dated: 25.06.2025 4/4