Allowed¶23

Chidambaram v. Vasugi

Madras HC24 Nov 2025CMP/24543/2025

Case brief

AI extract

What is this about?

Madras HC (K. Govindarajan Thilakavadi J., 24-11-2025), CMP No. 24543 of 2025 in S.A. Sr.No.148136 of 2023 — condonation of 447 days' delay in second appeal; specific performance suit O.S. No. 22 of 2017, Sub Court, Palacode; sale agreement dt. 10.03.2016; ground: petitioner's leg amputation; conditional condonation with Rs. 5,000 cost payable by 15.12.2025; automatic dismissal on default; SA to be numbered and listed on 16.12.2025.

What did the court decide?

Delay of 447 days in filing the Second Appeal condoned; petition allowed on payment of Rs. 5,000 cost to the respondent on or before 15.12.2025 (failing which automatic dismissal); on payment, Registry to number the Second Appeal if otherwise in order and list it on 16.12.2025. ¶23

Chidambaram Vs Vasugi — Madras HC (2025) — LawSathi Research

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CMP No. 24543 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 24-11-2025

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CORAM

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THE HONOURABLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI

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CMP No. 24543 of 2025 in S.A. Sr.No.148136 of 2023

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Chidambaram

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Vinoth Kumar

...Petitioners

Vasugi

...Respondent

PRAYER

To condone the delay 447 of days in filing this second appeal.

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For Petitioners: Mr. B.Sundarapandiyan For Respondent: Mr. N.Manokaran

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ORDER

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The captioned Civil Miscellaneous Petition is preferred to condone the delay of 447 days in filing the Second Appeal.

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

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CMP No. 24543 of 2025

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In the support affidavit it is stated that since the 1st petitioner suffered a leg amputation as a result of an injury, he is unable to contact his Advocate and give necessary instructions. The same is reiterated by the learned counsel for the petitioners. Hence, he prayed to allow the present petition.

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On the other hand, the learned counsel appearing for the respondent has stated that, the above suit in O.S. No.22 of 2017 was filed before the Sub Court, Palacode for specific performance against the petitioners herein on the basis of a registered sale agreement dated 10.03.2016. The petitioners/defendants have entered appearance and filed their written statement. The courts below, after considering the materials on record, decreed the suit in favour of the respondent/plaintiff. It is further submitted that the an Execution Petition has also been filed and the petitioners/defendants have also entered appearance. In such circumstances, the petitioners/defendants, after a lapse of 2 years, have come forward with the present petition without any sufficient cause and hence prayed for dismissal of the same.

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Considering the reasons attributed in the support affidavit and in

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the interest of justice, this petition is allowed on payment of cost of Rs.5,000/to be paid to the respondent by the appellants on or before 15.12.2025, failing which, the petition shall stands automatically dismissed without any further reference to this Court.

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

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CMP No. 24543 of 2025

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