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Bothaiyammal(died) v. Vaalan

Madras HC18 Mar 2026CMP/10331/2025

Case brief

AI extract

What is this about?

Madras High Court interim order, 29-04-2025, T.V. Thamilselvi J., CMP 10331 of 2025 in SA.SR.No.26383 of 2025 (Bothaiyammal W/o. Kumarasamy Nadar v. Vaalan S/o. Motaiyan): petition to condone 1319-day delay in second appeal; appellant deceased, legal heirs to be impleaded; execution proceedings E.P.No.165 of 2022 (Principal Subordinate Judge, Kallakurichi) stayed till 03.07.2025; notice to respondent returnable 03.07.2025; hearing listed 03.07.2025.

What did the court decide?

Interim stay of the execution proceedings in E.P.No.165 of 2022 pending before the Principal Subordinate Judge, Kallakurichi, till 03.07.2025; notice to the respondent returnable by 03.07.2025; appeal listed for hearing on 03.07.2025. The request to condone the 1319-day delay was not decided in this order. ¶23

Bothaiyammal(died) Vs Vaalan — Madras HC (2026) — LawSathi Research

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CMP NO. 10331 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2025

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CORAM

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THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI

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CMP NO. 10331 of 2025

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SA.SR.No.26383 of 2025

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Bothaiyammal W/o. Kumarasamy Nadar, Nagalur Village, Kallakurichi Taluk, Villupuram Dt.

Appellant(s)

Vaalan

S/o. Motaiyan, M. Pudaivur Village, Thittakudi Taluk, Cuddalore Dt.

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Respondent(s)

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For Appellant(s):

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A.Sathishkumar M. Arjunan N. Sriramaselvam

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For Respondent(s):

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ORDER

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This Petition has been filed to condone the delay of 1319 days in preferring the above Second appeal S.A.SR.No.26383 of 2025.

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1\4

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

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The learned counsel for the appellant submitted that there is a delay of 1319 days in preferring this appeal. It is further submitted that the appellant has since passed away. However, the learned counsel states that steps are being taken to implead the legal heirs of the deceased appellant.

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It is also brought to the notice of the Court that an Execution petition (E.P.No.165 of 2022) has been filed before the learned Principal Subordinate Judge, Kallakurichi, to execute the decree. The counsel contends that if the decree is executed at this stage, it would result in a multiplicity of proceedings, especially since the appellant was inclined to challenge the findings by filing a second appeal with a petition to condone the delay.

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