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Madalaimary Louis(Died) v. Arumainathan(Died)

Madras HC3 Nov 2025CMP/1568/2021

Case brief

AI extract

What is this about?

Condonation of delay; 2016 days; second appeal filing delay; CMP No. 1568 of 2021; SA SR No. 5275 of 2021; High Court of Judicature at Madras; K. Govindarajan Thilakavadi; hypertension; continuous illness; inability to pay court fees; Rs.5000 cost; Cancer Institute (WIA) Adyar; Union Bank of India; deadline 24.11.2025; listing 25.11.2025; automatic dismissal on default; Victor Louis; Madalaimary Louis (died); Arumainathan (died); Dominic; Beni; Flora; Jacklin; Nellithope Pondicherry; S. Subramanian.

What did the court decide?

Delay of 2016 days in filing the second appeal condoned, subject to payment of Rs.5000/- cost in favour of the Cancer Institute (WIA), Adyar, on or before 24.11.2025, failing which the petition automatically dismisses; on payment, the Registry to number the Second Appeal if otherwise in order and list it on 25.11.2025.

Madalaimary Louis(Died) Vs Arumainathan(Died) — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 2016 days in filing the second appeal should be condoned.

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Court's answer

Accepting the averments made in the petition, the petition to condone the 2016-day delay stands allowed.

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Ratio / Principle

The allowance is conditional on payment of a cost of Rs.5000/-, payable in favour of the Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai.

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Key takeaways

If the cost is not paid on or before 24.11.2025, the petition shall stand automatically dismissed without any further reference to this Court.ratio¶41
On payment of such cost, the Registry is directed to number the Second Appeal, if it is otherwise in order, and list the same on 25.11.2025.ratio¶43

Detailed headnote1 paragraphs

Madras High Court (K. Govindarajan Thilakavadi, J., order dated 03-11-2025) in CMP No. 1568 of 2021 (connected SA SR No. 5275 of 2021) ALLOWED the petition condoning a delay of 2016 days in filing a second appeal by Victor Louis for the deceased appellant Madalaimary Louis against the respondents, including Dominic (son and legal heir of the deceased respondent Arumainathan), Beni, Flora and Jacklin, all of Nellithope, Pondicherry. The delay was attributed in the supporting affidavit to continuous illness caused by hypertension and consequent inability to pay court fees, stated to be neither wilful nor wanton. Condonation was granted on condition of payment of Rs. 5,000/- cost in favour of the Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai-20, on or before 24.11.2025, failing which the petition was ordered to stand automatically dismissed without further reference to the Court; on payment, the Registry was directed to number the Second Appeal, if otherwise in order, and list it on 25.11.2025.

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CMP No. 1568 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 03-11-2025

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CORAM

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THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI

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CMP No. 1568 of 2021

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AND

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SA SR NO. 5275 OF 2021

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Madalaimary Louis(died) Victor Louis, S/o.Late Louis Periyanayagasamy, Christian, Resi At No.59, Poin Care St, Nellithope, Pondicherry 605005.

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Appellant(s)

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Arumainathan(died) 1.Dominic, S/o. Arumainathan, Christian, Resi At No 76, Madathu St, Nellithope, Pondicherry 605005.

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2.BENI

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W/o. Adhiriyan, D/o. Arumainathan, Christian, Resi At No 76, Madathu St, Nellithope, Pondicherry 605005.

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3.FLORA

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W/o. Emil Essaya, D/o. Arumainathan, Christian, Resi At No 76, Madathu St, Nellithope, Pondicherry 605005.

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

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CMP No. 1568 of 2021

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4.JACKLIN W/o. Willi, D/o. Arumainathan, Christian, Resi At No 76, Madathu St, Nellithope, Pondicherry 605005.

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Respondent(s) SA SR No. 5275 of 2021 1. Madalaimary Louis(died)

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Appellant(s) Vs

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Arumainathan(died)

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Respondent(s) CMP No. 1568 of 2021

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PRAYER

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To condone the delay of 2016 days in filing the second appeal.

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SA SR No. 5275 of 2021

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PRAYER

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CMP No. 1568 of 2021 For Appellant(s): Mr. S.SUBRAMANIAN

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For Respondent(s):

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ORDER

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This petition has been filed to condone the delay of 2016 days in filing the above second appeal.

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

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CMP No. 1568 of 2021

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In the affidavit filed in support of this petition it is stated that, the delay

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of 2016 days in preferring the second appeal occurred due to continuous illness caused by hypertension and the consequent inability to pay the court fees and

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that the same is neither willful nor wanton. Hence, prayed to allow this petition.

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Accepting the averments made in the petition, this petition stands

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allowed on condition of payment of cost of Rs.5000/- payable in favour of the

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Cancer Institute (WIA), Gandhi Nagar Canal Bank Road, Adyar, Chennai -20(Payable in S.B. A/c.No.149710011000002, Union Bank of India, Madhya Kailash Branch, Cancer Institute (WIA) Campus, Sardar Patel Road, Chennai-36, Branch Name and Code: 1497, MICR No.600011049, IFSC

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Code UBIN0814971) on or before 24.11.2025 , failing which, the petition shall

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stands automatically dismissed without any further reference to this Court.

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