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Murugeswari v. Chandra

Madras HC29 Jul 2025CMP(MD)/1691/2024

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court; K.K. Ramakrishnan J.; CMP(MD) No.1691 of 2024 in A.S(MD).SR.No.7139 of 2024; condonation of delay; first appeal against preliminary decree in O.S.No.64 of 2025; delay stated as 811 days in the prayer and 511 days in submissions; petitioner purchaser of 12th defendant's share not informed of decree; first respondent sole contesting respondent; final decree already passed; cost of Rs.10,000/- imposed on petitioner payable to first respondent within two weeks; compliance listing on 19.08.2025; decided 29-07-2025.

What did the court decide?

Delay in filing the first appeal condoned on payment of cost of Rs.10,000/- to the first respondent within two weeks from receipt of a copy of the order; matter directed to be listed on 19.08.2025 for reporting compliance. ¶25

Murugeswari Vs Chandra — Madras HC (2025) — LawSathi Research

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CMP(MD) NO. 1691 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-07-2025

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CORAM

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THE HONOURABLE MR JUSTICE K.K. RAMAKRISHNAN CMP(MD) NO. 1691 of 2024 in A.S(MD).SR.No.7139 of 2024

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Murugeswari

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Petitioner(s) Vs

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1.Chandra 2.Selvanayagam

3.Sesumerry

4.Susaiammal

5.Joseph Selvakumar

6.Mercykildarani

7.Manickaraj 8.Mariadoss 9.Mariammal 10.Vasanthamery 11.Lily 12.Kamalam 13.Saral Respondent(s)

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For Petitioner(s): Mr.R.Senthilkumar

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For Respondent(s): Mr.V.Janakiramulu for R1.

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ORDER

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This petition has been filed to condone the delay of 811 days of delay in filing

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the above first appeal.

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

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1/3

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CMP(MD) NO. 1691 of 2024

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2.First respondent is the only contesting respondent. The learned counsel for

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the first respondent would submit that the present appeal suit has been filed with a delay of 511 days against the preliminary decree passed in O.S.No.64 of 2025. But, before filing the appeal, final decree proceedings were initiated. Now the final decree was also passed. Hence, he seeks to dismiss the petition.

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3.The learned counsel for the petitioner submitted that he is the purchaser of the share from the 12^th defendant. 12^th defendant has not informed about the decree passed. Hence, there is a delay of 511 days.

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4.In view of the above, this Court is inclined to condone the delay with cost payable to the first respondent.

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5.Accordingly, this petition stands allowed on payment of cost of Rs.10,000/- (Rupees Ten Thousand only) to the first respondent by the petitioner within a period of two weeks from the date of receipt of a copy of this order.

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6.List the matter on 19.08.2025 for reporting compliance.

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/ TRUE COPY /

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/08/2025

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Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court,

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

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Madurai - 625 023.