Allowed¶5

Revathy v. Ramkumar

Madras HC25 Sept 2025CMP/12556/2025

Case brief

AI extract

What is this about?

Condonation of delay; 481 days; CMP.No.12556 of 2025 in AS.Sr.No.73249 of 2025; Order 41 Rule 3A CPC; Order IX Rule 13 CPC; I.A.No.3 of 2023 dismissed 11.09.2024; sufficient cause; appeal suit; respondents set ex parte after private notice and publication (Dinamalar, Puducherry edition, 14.09.2025); petition allowed by P.B. Balaji J.; Registry to number appeal if otherwise in order; Madras High Court; decision dated 25.09.2025.

What did the court decide?

Delay of 481 days in filing the appeal suit condoned (civil miscellaneous petition ordered); Registry directed to number the appeal if it is otherwise in order. ¶5

Revathy Vs Ramkumar — Madras HC (2025) — LawSathi Research

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CMP.No.12556 of 2025 in AS.Sr.No.73249 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 25.09.2025

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CORAM :

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THE HON'BLE MR.JUSTICE P.B.BALAJI

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CMP.No.12556 of 2025 in AS.SR.No.73249 of 2025 1.Revathy 2.Mohankumar 3.Prabakaran 4.Jayababu ... Petitioners Vs. 1.Ramkumar 2.Venkatraman 3.Ramani 4.Muruganantham ... Respondents

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PRAYER : The civil miscellaneous petition filed under Order 41 Rule 3A of C.P.C. to condone the delay of 481 days in filing this appeal suit.

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For Petitioners ... Mr.B.R.Sivasubramaniam For Respondents ... No appearance

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ORDER

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This civil miscellaneous petition has been filed seeking to condone

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the delay of 481 days in filing the appeal.

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https://www.mhc.tn.gov.in/judis

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CMP.No.12556 of 2025 in AS.Sr.No.73249 of 2025

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2.The respondents did not appear despite attempts made to serve them in the CMP. Subsequently, the respondents 2 & 3 have been served through private notice and as against the respondents 1 and 4, permission was granted for effecting service through publication. The counsel for the petitioners has also effected publication in one issue of Dinamalar, Puducherry edition dated 14.09.2025. The respondents were called and set exparte.

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3.The names of the respondents were also printed in the cause list and the respondents were called and set exparte.

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4.The counsel for the petitioners states that the delay was occasioned only due to the fact that the petitioners were agitating the issue before the trial Court by filing an application in I.A.No.3 of 2023 under Order IX Rule 13 of CPC and the same came to be dismissed only on 11.09.2024 and hence, the appeal could not be filed in time.

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https://www.mhc.tn.gov.in/judis

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CMP.No.12556 of 2025 in AS.Sr.No.73249 of 2025

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I have gone through the papers filed in support of the application

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and satisfied with the reasons assigned by the petitioners and that the petitioners have made out sufficient cause explaining the delay. Accordingly, the civil miscellaneous petition is ordered.

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Index : Yes/No Internet: Yes/No sms

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25.09.2025

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Note: Registry is directed to number the appeal if it is otherwise in order.

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https://www.mhc.tn.gov.in/judis

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CMP.No.12556 of 2025 in AS.Sr.No.73249 of 2025