Petitioner sought condonation of a 2036-day delay in filing an appeal against a 2018 decree. Counsel stated the sale deed had been executed and possession handed over to the decree holder, leaving nothing to adjudicate; the delay petition was dismissed as infructuous and the appeal rejected at the SR stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P.(MD)No.2169 of 2025 in A.S(MD)No.SR 65981 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 25.06.2025
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
C.M.P.(MD)No.2169 of 2025 in A.S(MD)No.SR 65981 of 2024
K.Periyasamy
: Petitioner/Appellant
Vs.
A.Nallasivam : Respondent/Respondent
PRAYER in C.M.P(MD)No. 2169 of 2025: Civil Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 2036 days in filing the appeal against judgment and decree made in O.S.No.16 of 2018 on the file of the Additional Sessions Judge/Fast Track, Mahila Court, Karur, dated 31.10.2018.
PRAYER in C.M.A(MD)No.SR 65981 of 2024 : Appeal Suit filed under Section 96 r/w Order 41 Rule 31 C.P.C., challenging the judgment and decree passed in O.S.No.16 of 2018 on the file of the learned Additional Sessions Judge/Fast Track, Mahila Court, Karur, dated 31.10.2018..
For Petitioner : Mr.V.Muthu Kamatchi
For Respondent : Mr.N.Sundaresan
1/4
C.M.P.(MD)No.2169 of 2025 in A.S(MD)No.SR 65981 of 2024
ORDER
The above application has been filed seeking orders to condone the
delay of 2036 days in filing the appeal against judgment and decree made in O.S.No.16 of 2018 on the file of the Additional Sessions Judge/Fast Track, Mahila Court, Karur, dated 31.10.2018.
the learned counsel appearing for the petitioner would submit that the sale deed came to be executed by the Court and possessions was also handed over to the decree holder and as such nothing survives for further adjudication.
3.Recording the same, the Civil Miscellaneous Petition is dismissed as infructuous. Consequently, the appeal suit in A.S(MD)SR No.65981 of 2024 is rejected at the SR stage itself. No costs.
25.06.2025
NCC : Yes /No Index : Yes / No Internet : Yes / No das
2/4
C.M.P.(MD)No.2169 of 2025 in A.S(MD)No.SR 65981 of 2024
To
3/4
C.M.P.(MD)No.2169 of 2025 in A.S(MD)No.SR 65981 of 2024
K.MURALI SHANKAR,J.
das
C.M.P.(MD)No.2169 of 2025 in A.S(MD)No.SR 65981 of 2024
Dated: 25.06.2025
4/4
1 issue framed by the court
Should the 2036-day delay in filing the appeal be condoned?
2 provisions across 2 enactments
K.Periyasamy
A.Nallasivam
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
