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Gopalakrishnan v. Valarmathi

Madras HC6 Jan 2026CMP/26916/2025

Case brief

AI extract

What is this about?

Condonation of delay - 568 days - first Appeal Suit AS.SR.No.34059 of 2025 against preliminary decree in partition suit O.S.No.121 of 2014 - CMP No. 26916 of 2025 - delay explained by care and medical attention required for petitioner's special child - respondents served but no appearance or objection - delay condoned - Registry directed to number appeal and post for admission before Joint Registrar (Appellate side), Madras High Court, Chennai - single judge (P.B. Balaji, J.) - order dated 06-01-2026.

What did the court decide?

Delay of 568 days in filing AS.SR.No.34059 of 2025 condoned; Registry directed to number the Appeal Suit and post it for admission before the Joint Registrar (Appellate side), Madras High Court, Chennai. ¶29

Gopalakrishnan Vs Valarmathi — Madras HC (2026) — LawSathi Research

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CMP No. 26916 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06-01-2026

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CORAM

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THE HONOURABLE MR.JUSTICE P.B. BALAJI

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CMP No. 26916 of 2025 in AS.SR.No.34059 of 2025

Gopalakrishnan

Petitioner(s)

Valarmathi

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2.Kabila

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3.Minor Kabinraj Rep. by next Friend Cum Guardian Mother Respondent No.1.

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Tilagavathi (Died)

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4.Nandhagobal

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5.The Sub Registrar Office of the Sub Registry Officer, Kumbakonam Road, Panruti.

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6.R.Latha (Ryot No. P011267)

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7.R.Sangeetha (Ryot No. P011420)

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8.The General Manager, E.I.D Party India Ltd. Nellikuppam, Panruti Taluk.

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Respondent(s)

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For Petitioner(s): Mr.V.Ayyappa Raja

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For Respondent(s): No appearance

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

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CMP No. 26916 of 2025

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ORDER

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This application has been filed to condone the delay of 568 days in preferring the first Appeal Suit against O.S.No.121 of 2014 which suit was partition, was decreed and preliminary decree was passed. Challenging the same, the present AS.SR.No.34059 of 2025 has been filed, however with delay of 568 days.

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The appellant is the third defendant in the suit. The appellant, in the affidavit filed in support of the condonation delay application has stated that he has a special child who needs support and day to day care and attention. In view of the said requirement and medical attention to be bestowed on the special child, the petitioner was not in a position to contact his counsel to prefer the appeal in time.

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The respondents despite service of notice, has not come forward to

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object to this application for condonation of delay.

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Being satisfied with the reasons assigned by the petitioner, the delay is condoned.

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Registry is directed to number the Appeal Suit and post the same for admission before the Joint Registrar (Appellate side), Madras High Court, Chennai.

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

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CMP No. 26916 of 2025

06-01-2026

vum

1.The I Additional District and Sessions Judge, Cuddalore.

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