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Naganathan Vs Maheshwari — Madras HC (2025) — LawSathi Research

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Madras HC
2025
Naganathan Vs MaheshwariNaganathan v. Maheshwari

Allowed¶34

Naganathan v. Maheshwari

Condonation of delay – Section 5 of the Limitation Act

Madras HC13 Nov 2025CMP(MD)/15533/2024

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; CMP(MD) No.15533 of 2024 in CMA(MD) SR No.76812 of 2024; decided 13-11-2025 by P. Velmurugan and L. Victoria Gowri JJ (order by P. Velmurugan J); condonation of 120 days' delay under Section 5 of the Limitation Act; delay in filing Civil Miscellaneous Appeal against order and decree in H.M.O.P.No.380 of 2022 (divorce petition dismissed), Family Court, Sivagangai; petitioner Naganathan; respondents Maheshwari (R1) and Muruganatham (R2); counsel A.R.Kannappan (petitioner), M.S.Jeyakarthik/M.Vasanth/M.P.Balaganesh (R1), N.Pragalathan/K.Muthurakkan/M.Thanga Prakash (R2); objection on inadequacy of reasons rejected; delay condoned; appeal to be numbered and listed for admission.

What did the court decide?

Delay of 120 days in filing the Civil Miscellaneous Appeal condoned; Registry directed to number the Civil Miscellaneous Appeal (CMA(MD) SR No.76812 of 2024), if otherwise in order, and list it for admission in the usual course.

Why is it important?

Despite the respondents' objection that the reasons assigned in the Petitioner's affidavit were not satisfactory, the Court found that the Petitioner had satisfactorily explained the reasons for the delay of 120 days in preferring the appeal. ¶31

What the court decided

AI extract

Outcome

Delay of 120 days in filing the Civil Miscellaneous Appeal condoned; Registry directed to number the Civil Miscellaneous Appeal (CMA(MD) SR No.76812 of 2024), if otherwise in order, and list it for admission in the usual course.

Issue for consideration

Whether the delay of 120 days in filing the Civil Miscellaneous Appeal against the order and decree in H.M.O.P.No.380 of 2022 (Family Court, Sivagangai) should be condoned under Section 5 of the Limitation Act. +1 more

Court's answer

Despite the respondents' objection that the reasons assigned in the Petitioner's affidavit were not satisfactory, the Court found that the Petitioner had satisfactorily explained the reasons for the delay of 120 days in preferring the appeal.

Ratio / Principle

The Civil Miscellaneous Petition is ordered and the delay of 120 days in filing the Civil Miscellaneous Appeal is condoned.

Detailed headnote1 paragraphs

Condonation of delay — Section 5 of the Limitation Act — CMP(MD) No.15533 of 2024 in CMA(MD) SR No.76812 of 2024 (Madurai Bench, Madras High Court; P. Velmurugan and L. Victoria Gowri JJ; order by P. Velmurugan J; 13-11-2025): Petitioner sought condonation of 120 days' delay in filing a Civil Miscellaneous Appeal against the order and decree dismissing H.M.O.P.No.380 of 2022 (divorce petition), Family Court, Sivagangai. Respondents' counsel objected that the reasons assigned in the Petitioner's affidavit were not satisfactory; the Court, on a reading of the appeal papers, held that the Petitioner had satisfactorily explained the reasons for the delay, ordered the Petition, and condoned the delay. Registry directed to number the appeal, if otherwise in order, and list it for admission.

A

CMP(MD) NO. 15533 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-11-2025

CORAM

THE HONOURABLE MR JUSTICE P.VELMURUGAN

AND

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI

CMP(MD) NO. 15533 of 2024 IN

CMA(MD) SR NO. 76812 OF 2024

Naganathan S/o.Periyasamy Konganthidal Village Door No.3/265 Uruvatti Post Devakottai Taluk Sivagangai District. 1. Maheshwari W/o.Naganathan D/o.Kubbusamy Door No.25 Vallakkulam Village Sathani Post Ilayakudi Taluk Sivagangai District. 2. Muruganatham S/o.Ramasamy No.36 Azhagappa Nagar Uruthikottai Devakottai Taluk Sivagangai District. For Petitioner(s): Mr.A.R.Kannappan

Vs

Petitioner(s)

Respondent(s)

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

G.Sivakumar

For Respondent(s):

M/s. N.Pragalathan, for R2

K.Muthurakkan

M.Thanga Prakash

M/s. M.S.Jeyakarthik, for R1

M.Vasanth

M.P.Balaganesh

For R1 Sr.45734 Dt.06.12.2024

Counter Affidavit Filed For R1 Usr. 46795 Dt 12.11.2025

PRAYER ; Civil Miscellaneous Petition filed under Section5 of the Limitation Act praying this Court to condone the delay of 120 days in filing the present civil miscellaneous appeal against the order and decree in H.M.O.P.No.380 of 2022, on the file of Family Court, Sivagangai.

ORDER

(Order of the Court was made by P.VELMURUGAN.,J .)

This Petition is filed to condone the delay of 120 days in filing the above Civil Miscellaneous Appeal as against the order and decree made in H.M.O.PNo.380 of 2022, on the file of Family Court, Sivagangai.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.Though the learned counsel for the respondents raised objection stating that the reasons assigned by the Petitioner in his affidavit is not satisfactory, however, a reading of

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

the appeals papers would show that H.M.O.P.No.380 of 2022 was filed for divorce and the

same was dismissed. Though the Petitioner has got a right of appeal, there is a delay of 120

days in preferring the appeal and the Petitioner has satisfactorily explained the reasons for

condoning the delay. Accordingly, this Petition is ordered and the delay is condoned.

4.Registry is directed to number the Civil Miscellaneous Appeal, if it is otherwise in order and list it for admission in the usual Course.

(P.VELMURUGAN J.) (L.VICTORIA GOWRI J.) 13-11-2025

vsn

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

P.VELMURUGAN,,J. And L.VICTORIA GOWRI.,J

vsn

ORDER MADE IN

CMP(MD) NO. 15533 of 2024 IN CMA(MD) SR NO. 76812 OF 2024

13.11.2025

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

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the delay of 120 days in filing the Civil Miscellaneous Appeal against the order and decree in H.M.O.P.No.380 of 2022 (Family Court, Sivagangai) should be condoned under Section 5 of the Limitation Act.¶23
The court held
Despite the respondents' objection that the reasons assigned in the Petitioner's affidavit were not satisfactory, the Court found that the Petitioner had satisfactorily explained the reasons for the delay of 120 days in preferring the appeal.ratio¶31
2.
Whether the reasons assigned by the Petitioner in his affidavit satisfactorily explain the delay, as raised as an objection by the respondents' counsel.¶28

Statutes considered

1 provisions across 1 enactments

AI extract

Limitation ActSection 5¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Order and decree dismissing H.M.O.P.No.380 of 2022 (a petition for divorce), against which the Civil Miscellaneous Appeal was sought to be filed with a delay of 120 days.¶23
Family Court, Sivagangai
Prior proceeding
H.M.O.P.No.380 of 2022 was filed for divorce.¶30
Prior proceeding
The said H.M.O.P. was dismissed.¶31
Prior proceeding
There was a delay of 120 days in preferring the appeal against the dismissed H.M.O.P.¶31

Parties & counsel

AI extract

petitioner
Naganathan S/o.Periyasamy, Konganthidal Village, Door No.3/265, Uruvatti Post, Devakottai Taluk, Sivagangai District¶8
A.R.Kannappan
respondent
Maheshwari W/o.Naganathan D/o.Kubbusamy, Door No.25, Vallakkulam Village, Sathani Post, Ilayakudi Taluk, Sivagangai District¶8
M.S.Jeyakarthik, M.Vasanth, M.P.Balaganesh
respondent
Muruganatham S/o.Ramasamy, No.36, Azhagappa Nagar, Uruthikottai, Devakottai Taluk, Sivagangai District¶8
N.Pragalathan, K.Muthurakkan, M.Thanga Prakash

Coram

AI extract

P.VELMURUGANauthor¶25
L.VICTORIA GOWRImember¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 13 Nov 2025 · November
Registered: 25 Oct 2024
Case no.: CMP(MD)/15533/2024
CNR: HCMD011120172024
Bench: P.velmurugan L.victoria Gowri
Disposal: ORDERED
Case type: CMP(MD)

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Cite this judgement

Naganathan v. Maheshwari, CMP(MD)/15533/2024 (MAD), decided on 13 November 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Limitation ActSection 5

View all statutes

Procedural history4

Order and decree dismissing H.M.O.P.No.380 of 2022 (a petition for divorce), against which the Civil Miscellaneous Appeal was sought to be filed with a delay of 120 days.Family Court, Sivagangai
H.M.O.P.No.380 of 2022 was filed for divorce.
The said H.M.O.P. was dismissed.

View full history

Bench / Coram

P.VELMURUGAN and L.VICTORIA GOWRI

Parties & counsel