Thirumalai Swamy Kovil v. R.Krishna Reddy

Madras HC23 Mar 2026CMP/3988/2024

Case brief

AI extract

What is this about?

Condonation of delay; 708 days; second appeal; Madras High Court; conditional condonation; cost to Chief Justice Relief Fund; automatic dismissal on default; Thirumalai Swamy Kovil v. R.Krishna Reddy; AS.No.14/2015 dated 04.09.2021; I Additional Sub Court, Hosur; SA.SR.No.159659 of 2023; unrepresented contesting respondents; notice dispensed with for non-joining legal heirs of original trustee.

What did the court decide?

Delay of 708 days in preferring the second appeal condoned, subject to payment of Rs.2,000/- to the Chief Justice Relief Fund, Madras High Court, Chennai, within one week; on default the CMP stands automatically dismissed; on compliance the registry to number the second appeal (SA.SR.No.159659 of 2023), if otherwise in order, and list it for admission. ¶¶41

Thirumalai Swamy Kovil Vs R.Krishna Reddy — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 708 days in preferring the second appeal against the judgment and decree in AS.No.14/2015 dated 04.09.2021 (I Additional Sub Court, Hosur) should be condoned.

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Court's answer

Having satisfied himself with the reasons assigned in the affidavit filed in support of the petition, the Judge condoned the delay of 708 days, on condition that the petitioner pays Rs.2,000/- (Rupees two thousand only) to the credit of the Chief Justice Relief Fund, Madras High Court, Chennai, within one week; failing which the civil miscellaneous petition shall stand automatically dismissed; upon compliance, the registry is directed to number the second appeal, if otherwise in order, and list it for admission.

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Ratio / Principle

Notice to respondents 6 to 13 was held unnecessary because they are legal heirs of the original trustee of the appellant temple who had not joined with the appellant.

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Detailed headnote1 paragraphs

Madras High Court (S. Sounthar, J.; 23-03-2026), CMP No. 3988 of 2024 in SA.SR.No.159659 of 2023 - Thirumalai Swamy Kovil, rep. by its Trustee, M.Ramakrishna Reddy (Died) R.Srinivasan v. R.Krishna Reddy and others. The delay of 708 days in preferring a second appeal against the judgment and decree in AS.No.14/2015 dated 04.09.2021 on the file of the I Additional Sub Court, Hosur, was condoned, the Judge expressing satisfaction with the reasons assigned in the supporting affidavit. Condonation was made conditional: the petitioner to pay Rs.2,000/- (Rupees two thousand only) to the credit of the 'Chief Justice Relief Fund', Madras High Court, Chennai, within one week, failing which the civil miscellaneous petition stands automatically dismissed; on compliance, the registry is to number the second appeal, if otherwise in order, and list it for admission. The contesting respondents 1 to 5 gave no representation; notice was held unnecessary for respondents 6 to 13, being legal heirs of the original trustee who had not joined the appellant.

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CMP No. 3988 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23-03-2026

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CORAM

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THE HON'BLE MR.JUSTICE S. SOUNTHAR

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CMP No. 3988 of 2024 in SA.SR.No.159659 of 2023

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Thirumalai Swamy Kovil Rep.by its Trustee, M.Ramakrishna Reddy (Died) R.Srinivasan

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..Appellant(s)

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R.Krishna Reddy S/o.late Rama Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist.

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R. Venkata Reddy S/o.late Rama Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist.

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Aswath Narayan Reddy S/o.late Muni Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist.

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Sudhakar Reddy S/o.late Muni Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist.

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Naryana Reddy S/o.late ChinnaBidappa Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist.

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T.R.Narayana Reddy S/o.late Ramakrishna Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist.

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A.Prema W/o.late A.Gopala Reddy, Alasapally Village,

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__________ Page1 of 4

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

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CMP No. 3988 of 2024

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Deveerapalli Post, Hosur Tk, Krishnagiri Dist.

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Minor.G.Seshank

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S/o.late A.Gopala Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist. rep.by their Natural Guardian and Mother the 7th Respondent herein.

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Minor.G.Shreeja D/o.late A.Gopala Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist. Rep.by their Natural Guardian and Mother the 7th Respondent herein, M.Govinda Reddy (Died)

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10.G.Venkatesh Reddy @ Abbaiah S/o.late Govinda Reddy, Alasapally Village, Deveerapalli Post, Hosur Tk, Krishnagiri Dist.

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11.G.Krishna Reddy S/o.late Govinda Reddy, D.Nos.17 and 18, Hiremath Layout, Geddalahalli, Dr.S.R.K.Post, Bangalore 560077.

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12.Munireddy S/o.late Govinda Reddy, NO.10, 2nd Cross, Sakthi Nagar, Nallur Post, Hosur Tk.

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13.Rathnamma

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W/o.Rajappa, Behind Indian Bank, Bharathiyar Nagar, Bellathru Post, Begalur. (The Respondents 6 to 13 are given up and no notice need to be served on them and no Batta is paid for them. Only respondents 1 to 5 are the contesting respondents in this second appeal.)

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..Respondent(s)

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Prayer:To condone the delay of 708 days in preferring the above Second appeal against the Judgment ad Decree in AS.No.14/2015 dated 04.09.2021 on the file of the I Additional Sub Court, Hosur.

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

CMP No. 3988 of 2024

For Appellant(s):

M/s.K.Sukumaran

For Respondents 1 to 5: No appearance

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ORDER

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This petition has been filed to condone the delay of 708 days in preferring the above second appeal.

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There is no representation for the contesting respondents 1 to 5. The

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other respondents are legal heirs of original trustee of the appellant temple, who have not joined with the appellant. Therefore, notice to them may not be necessary.

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Having satisfied with the reasons assigned in the affidavit filed in support of the petition, the delay is condoned on condition that the petitioner pays a sum of Rs.2,000/- (Rupees two thousand only) to the credit of 'Chief Justice Relief Fund', Madras High Court, Chennai, within a period of one week from today. Failing which, the civil miscellaneous petition shall stand automatically dismissed. In case of compliance of the condition, registry is directed to number the second appeal, if it is otherwise in order and list the same for admission.

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23-03-2026

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__________ Page3 of 4

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

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CMP No. 3988 of 2024

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S.SOUNTHAR, J.

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