S.Mullai Vs Devaraj — Madras HC (2026) — LawSathi Research

S.Mullai Vs Devaraj — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 1333 days in filing the second appeal condoned, subject to payment of Rs.5,000/- as cost to the respondents on or before 30.04.2026, failing which the CMP stands automatically dismissed; on compliance, the Registry to number S.A.SR.No.43453 of 2023 and list it for admission.

Issue for consideration

Whether the delay of 1333 days in preferring the second appeal (S.A.SR.No.43453 of 2023) against the judgment and decree in A.S.No.6 of 2016 should be condoned under Section 5 of the Limitation Act.

Court's answer

The court was satisfied with the reasons assigned in the affidavit filed in support of the condone-delay petition and accordingly condoned the delay of 1333 days in filing the second appeal.

Ratio / Principle

The condonation was made conditional: C.M.P.No.10239 of 2023 is allowed on condition that the petitioner pays Rs.5,000/- as cost to the respondents on or before 30.04.2026, failing which the civil miscellaneous petition shall stand automatically dismissed.

Key takeaways

On compliance with the cost condition within the time stipulated, the Registry is directed to number S.A.SR.No.43453 of 2023 and list the same for admission.ratio¶32

Detailed headnote1 paragraphs

Limitation - Condonation of delay (Section 5, Limitation Act) - Madras High Court (S. Sounthar, J., order dated 22.04.2026) condoned a delay of 1333 days in filing second appeal S.A.SR.No.43453 of 2023 against the judgment and decree dated 23.04.2019 in A.S.No.6 of 2016 (Subordinate Judge, Harur), which had confirmed the judgment and decree dated 20.10.2014 in O.S.No.487 of 2008 (Principal District Munsif Cum Judicial Magistrate Court, Pappireddypatti). The affidavit explained that the petitioner learnt of the first appeal's disposal only in the first week of February 2020, that the Covid-19 pandemic prevented steps thereafter, and that the certified copy process ran from 08.12.2022 (application) to 20.12.2022 (ready), with the second appeal filed on 28.03.2023. Condonation was granted conditionally: Rs.5,000/- as cost to the respondents payable on or before 30.04.2026, failing which the CMP stands automatically dismissed; on compliance, the Registry was directed to number the second appeal and list it for admission. Respondents 4 and 5 (T.Indhira Gandhi, R.Sorubarani) had already been brought on record as LRs of the deceased first respondent (Devaraj) by order dated 22.04.2026 in CMP.No.27833/2025.

C.M.P.No.10239 of 2023 in S.A.SR.No.43453 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2026

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR

C.M.P.No.10239 of 2023

in

S.A.SR.No.43453 of 2023

S.Mullai, F/A 43 years, W/o.Vijayakumar, P.Pallipatti Post and Village, Pappireddypatti Taluk, Dharmapuri District.

Presently residing at 2903, 3^rd Place Apt F17, Lubbock, TX, USA – 79415

Rep by her Power Agent V.Srinivasan, S/o. Vediyappa Gounder, P.Pallipatti Post and Village, Pappireddypatti Taluk, Dharmapuri District. … Petitioner/Appellant

vs.

1.Devaraj (Died) 2.Palanisamy 3.Murugan

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C.M.P.No.10239 of 2023 in S.A.SR.No.43453 of 2023

4.T.Indhira Gandhi

5.R.Sorubarani

… Respondents

(R1 Died, R4 and R5 are brought on record as LR of the decased R1 vide Court order dated 22.04.2026 made in CMP.No.27833/2025 in SA.SR.No.43453/2023)

PRAYER: Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, to condone the delay of 1333 days in preferring the above second appeal against the judgment and decree dated 23.04.2019 made in A.S.No.6 of 2016 on the file of Subordinate Judge, Harur, Dharmapuri District in confirming the Judgment and Decree dated 20.10.2014 made in O.S.No.487 of 2008 on the file of Principal District Munsif Cum Judicial Magistrate Court, Pappireddypatti, Dharmapuri District.

For Petitioner/Appellant: Mr.C.Prabakaran

O R D E R

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 1333 in filing the above second appeal.

In the affidavit filed in support of the condone delay petition, it was

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C.M.P.No.10239 of 2023 in S.A.SR.No.43453 of 2023

stated by the petitioner that the fact of disposal of the first appeal was not intimated to the petitioner immediately and he acquired knowledge about the same only during the first week of February-2020 and thereafter, due to outbreak of covid pandemic, he could not take any steps. Thereafter, the copy application was made on 08.12.2022 and the same had made ready on 20.12.2022. Ultimately, the second appeal was filed on 28.03.2023.

Having satisfied with the reasons assigned in the affidavit filed in support of condone delay petition, delay is condoned. C.M.P.No.10239 of 2023 is allowed on condition that the petitioner pays a sum of Rs.5,000/- as cost to the respondents on or before 30.04.2026, failing which, the civil miscellaneous petition shall stand automatically dismissed.

On compliance of the above condition within the time stipulated,

the Registry is directed to number S.A.SR.No.43453 of 2023 and list the same for admission.

22.04.2026 (2/2)

dm

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C.M.P.No.10239 of 2023 in S.A.SR.No.43453 of 2023

S.SOUNTHAR, J.

dm

C.M.P.No.6384 of 2020 in S.A.SR.No.161309 of 2019

22.04.2026 (2/2)

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