Dismissed¶28

Nagammal v. Therasammal

Condonation of delay – Section 5 of Limitation Act

Madras HC16 Dec 2025CMP(MD)/6406/2018

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What is this about?

Madurai Bench of Madras High Court; K. Murali Shankar J.; C.M.P.(MD)No.6406 of 2018 in S.A.(MD)SR.No.12681 of 2018; order dated 16.12.2025; condonation of delay of 674 days under Section 5 of Limitation Act for second appeal under Section 100 C.P.C.; appeal against A.S.No.18 of 2013 (Subordinate Judge, Palani) confirming O.S.No.332 of 2009 (District Munsif, Palani); dismissal for default due to counsel having no instructions; death of first respondent reported 04.08.2022; second appeal rejected at SR (scrutiny) stage.

What did the court decide?

The Civil Miscellaneous Petition for condonation of the 674-day delay stands dismissed for default, as the learned counsel appearing for the petitioner submitted that they were not having any instructions. ¶28

Nagammal Vs Therasammal — Madras HC (2025) — LawSathi Research

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C.M.P.(MD)No.6406 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.12.2025

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CORAM:

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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C.M.P.(MD)No.6406 of 2018

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in S.A.(MD)SR.No.12681 of 2018 and S.A.(MD)SR.No.12681 of 2018

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Nagammal ... Petitioner/

Appellant

Vs.

1.Therasammal

2.Pilavendran ... Respondents/ Respondents

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Prayer in C.M.P.(MD)No.6406 of 2018 : The Civil Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 674 days in preferring the above second appeal.

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Prayer in S.A.(MD)No.SR12681 of 2018 : The Second Appeal filed under Section 100 C.P.C. against the judgment and decree dated 09.02.2016 passed in A.S.No.18 of 2013 on the file of Subordinate Judge,

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1/4

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

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C.M.P.(MD)No.6406 of 2018

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Palani in confirming the judgment and decree dated 07.06.2013 passed in O.S.No.332 of 2009 on the file of District Munsif, Palani.

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(in both cases)

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For Petitioner : Mr.R.Govindaraj

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For Respondents : R1 – Died

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Mr.T.Lenin Kumar for R2

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COMMON ORDER

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The Civil Miscellaneous Petition has been filed seeking orders to condone the delay of 674 days in preferring the second appeal, challenging the judgment and decree passed in A.S.No.18 of 2013 dated 09.02.2016 on the file of the Subordinate Court, Palani, confirming the judgment and decree made in O.S.No.332 of 2009 dated 07.06.2013 on the file of the District Munsif Court, Palani.

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When the matter was taken up on 11.12.2025, taking note of the fact that death of the first respondent was reported as early as on 04.08.2022 and after taking several adjournments, steps were not being taken, this Court ordered to post the matter on 16.12.2025 for taking steps as last chance. Even today (16.12.2025), the learned counsel appearing for 2/4

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

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C.M.P.(MD)No.6406 of 2018

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the petitioner would submit that they are not having any instructions. Hence, this Civil Miscellaneous Petition stands dismissed for default. Consequently, S.A.(MD)SR.No.12681 of 2018 stands rejected at the SR stage itself.

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16.12.2025

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NCC :yes/No Index :yes/No Internet:yes/No csm

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