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Calianassoundarame v. Sittra

Madras HC13 Oct 2025CMP/18436/2025

Case brief

AI extract

What is this about?

Condonation of delay; 53 days; cross objection; C.M.P.; Cros.Obj.SR.No.85367 of 2025; Order XLI Rule 22 CPC; Section 5 Limitation Act 1963; A.S.No.988 of 2019; O.S.No.169 of 2017; Judgment and Decree 20.12.2018; II Additional District Judge Puducherry; cost Rs.3000/-; automatic dismissal on non-compliance; Madras High Court; 13.10.2025; Dr. Justice A.D. Maria Clete.

What did the court decide?

Condonation of the 53-day delay in filing the cross objection, subject to payment of Rs.3,000/- cost to the learned counsel for the respondents within eight weeks; on compliance, the appeal and cross objection to be listed for final hearing after eight weeks; on failure of compliance, the petition stands automatically dismissed and the appeal proceeds in the regular course. ¶21

Calianassoundarame Vs Sittra — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 53 days in filing the cross objection in A.S.No.988 of 2019 (directed against the Judgment and Decree dated 20.12.2018 in O.S.No.169 of 2017) should be condoned, the petition having been filed under Order XLI Rule 22 CPC read with Section 5 of the Limitation Act, 1963.

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Court's answer

Taking into account the reasons stated in the affidavit filed in support of the petition, the Court condones the 53-day delay and allows the petition, subject to payment of Rs.3000/- (Rupees three thousand only) as cost to the learned counsel for the respondents within a period of eight weeks.

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Ratio / Principle

On compliance with the cost condition, the appeal is to be listed under the caption for final hearing along with the cross objection if it is otherwise in order, after eight weeks.

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Key takeaways

Failing compliance with the cost condition within eight weeks, the petition stands automatically dismissed without any further reference to this Court, and the appeal is to be listed in the regular course.ratio¶21

Detailed headnote1 paragraphs

Madras High Court, C.M.P.No.18436 of 2025 in Cros.Obj.SR.No.85367 of 2025, Dr. Justice A.D. Maria Clete, 13-10-2025: Petition under Order XLI Rule 22 of the Civil Procedure Code read with Section 5 of the Limitation Act, 1963 to condone a delay of 53 days in filing a cross objection in A.S.No.988 of 2019 — an appeal preferred by the 1st and 2nd respondents against the Judgment and Decree dated 20.12.2018 in O.S.No.169 of 2017 on the file of the learned II Additional District Judge, Puducherry — allowed considering the reasons stated in the supporting affidavit, on payment of Rs.3000/- (Rupees three thousand only) as cost to the learned counsel for the respondents within eight weeks. On compliance, the appeal is to be listed for final hearing along with the cross objection after eight weeks if otherwise in order; failing compliance, the petition stands automatically dismissed without further reference to the Court and the appeal proceeds in the regular course. The respondents' counsel formally objected.

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C.M.P.No.18436 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13-10-2025

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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C.M.P.No.18436 of 2025 in

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Cros.Obj.SR.No.85367 of 2025

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Calianassoundarame ...Petitioner Vs.

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1.Sittra

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2.Baby Suriakala

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3.Rajan ...Respondents

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PRAYER: Petition filed under XLI Rule 22 of Civil Procedure Code read with Section 5 of Limitation Act, 1963 to condone the delay of 53 days in filing the above cross objection in A.S.No.988 of 2019 which is preferred by the 1^st & 2^nd respondents against the Judgment and Decree dated 20.12.2018 passed in O.S.No.169 of 2017 on the file of the learned II Additional District Judge, Puducherry and thus render justice.

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For Petitioner : Mr.R.Vignesh Kumar. For Respondents : Mr.P.V.Rajeswari for R1.

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Mr.V.N.Amudhan for R2.

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

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C.M.P.No.18436 of 2025

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ORDER

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This petition has been filed to condone the delay of 53 days in filing the above cross objection in A.S.No.988 of 2019 which is preferred by the 1^st & 2^nd respondents against the Judgment and Decree dated 20.12.2018 passed in O.S.No.169 of 2017 on the file of the learned II Additional District Judge, Puducherry.

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2.Heard the learned counsel for the petitioner. However, the learned counsel for the respondents has formally objected allowing this petition.

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3.Considering the reasons stated in the affidavit filed in support of this petition, this petition is allowed on cost of Rs.3000/- (Rupees three thousand only) to be paid to the learned counsel for the respondents within a period of eight weeks. On compliance, list the appeal under the caption for final hearing along with the cross objection if it is otherwise in order after eight weeks; failing compliance, this petition stands automatically dismissed without any further reference to this Court and list the appeal in the regular course.

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

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C.M.P.No.18436 of 2025

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13.10.2025

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DR. A.D. MARIA CLETE, J

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