Allowed¶30

K.Srinivasan v. Deivanai

Madras HC15 Dec 2025CMP/29990/2025

Case brief

AI extract

What is this about?

Madras High Court, CMP No. 29990 of 2025 in A.S.SR.No.181876 of 2025, order dated 15-12-2025 by C.V. Karthikeyan J. (Bench: C.V. Karthikeyan and K. Kumaresh Babu JJ.). Condonation of 249 days' delay in filing an appeal against judgment and decree dated 27.11.2024 in a partition suit; appellants K.Srinivasan, S.Nithya and K.Jyothi vs respondent Deivanai; counsel T.S. Baskaran for appellants. Delay condoned as all issues in a partition suit must be examined at the appellate stage; CMP allowed; Registry to number the appeal if otherwise in order. No statutes or precedent cases cited.

What did the court decide?

Delay of 249 days in filing the appeal condoned; CMP No.29990 of 2025 in A.S.SR.No.181876 of 2025 allowed; Registry directed to number the appeal if otherwise in order. ¶30

K.Srinivasan Vs Deivanai — Madras HC (2025) — LawSathi Research

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CMP No. 29990 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15-12-2025

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CORAM

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THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

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CMP No. 29990 of 2025 in

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A.S.SR.No.181876 of 2025

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1. K.Srinivasan

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S/o. Late. Kaliyappan, D.No. 2/129, Kullanur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist - 635 206.

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S.Nithya W/o. K.Srinivasan D.No. 2/129, Kullanur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist. 635 206

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3. K.Jyothi

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W/o. Late. Kaliyappan D.No. 2/129, Kullanur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist. 635 206

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Appellant(s)

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DEIVANAI W/o. Mahendhiran D.No. 354/1, Nadukattur Village, Jambukuttapatti Taraff, Pochampalli Post and Taluk, Krishnagiri Dist. 635 206

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1/4

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

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CMP No. 29990 of 2025

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For Appellant(s): Mr.T.S.Baskaran

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Respondent(s)

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ORDER

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(Order of the Court was made by C.V.Karthikeyan J.)

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The Civil Miscellaneous Petition has been filed, seeking to condone the delay of 249 days in preferring the appeal.

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In the affidavit filed in support of this petition, it has been contended that certified copy of the judgment and decree was applied only on 17.07.2025. Though the judgment was dated 27.11.2024, the copies were have been made ready on 02.08.2025 and collected on 11.08.2025 and thereafter, the learned counsel had to be informed about filing of the appeal. In all these procedures, there has been a delay.

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Notice had been directed to the respondent and Affidavit of Service has been filed, stating that the respondent had been served through private notice. The name of the respondent is also printed in the cause list.

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