R.Ayyanar (Died) 1. R.Murugan Vs R.Chandran — Madras HC (2026) — LawSathi Research

R.Ayyanar (Died) 1. R.Murugan Vs R.Chandran — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 1100 days in filing the Second Appeal condoned on payment of costs of Rs.1,500/- to the learned counsel for the first respondent and Rs.1,500/- to the learned counsel for the second respondent (totally Rs.3,000/-) within a week; on production of receipt of such payment, the Registry directed to number the Second Appeal if the papers are otherwise in order and list it for admission on 16.07.2026.

Issue for consideration

Whether the delay of 1100 days in filing the Second Appeal SA(MD)No.SR56360 of 2025 against the judgment and decree in A.S.No.5 of 2011 should be condoned.

Court's answer

As the suit is one for partition, opportunity must be afforded to all the parties to establish their respective rights and claims; on that basis the delay-condonation petition is allowed.

Ratio / Principle

The petition is allowed and the delay of 1100 days in filing the Second Appeal is condoned, subject to payment of costs of Rs.1,500/- to the learned counsel for the first respondent and Rs.1,500/- to the learned counsel for the second respondent (totally Rs.3,000/-) within a week.

Detailed headnote1 paragraphs

Condonation of delay - Madurai Bench of Madras High Court (T.V. Thamilselvi J) allowed CMP(MD).No.11145 of 2025 and condoned the delay of 1100 days in filing SA(MD)No.SR56360 of 2025, the Second Appeal against the judgment and decree dated 25.07.2022 in A.S.No.5 of 2011 (Principal District Court, Virudhunagar District at Srivilliputtur), which had confirmed the judgment and decree dated 01.02.2007 in O.S.No.64 of 2005 (Sub Court, Sivakasi). Ground: the suit being one for partition, opportunity must be afforded to all parties to establish their respective rights and claims; an earlier attempt at mediation had not fructified. Costs of Rs.1,500/- each imposed, payable to the learned counsel for the first and second respondents (totally Rs.3,000/-) within a week; on production of the receipt, the Registry directed to number the Second Appeal and list it for admission on 16.07.2026.

CMP(MD). No.11145 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 02/07/2026

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

CMP(MD). No.11145 of 2025 in SA(MD)No.SR56360 of 2025

R.Ayyanar (Died) 1. R.Murugan, 2. A.Backiyalakshmi, ... Petitioners Vs. 1. R.Chandran, 2. R.Gandhimathi, 3. I.Chandran, 4. D.Ganapathiammal ... Respondents

PRAYER :- To Condone the delay of 1100 days in filing the above Second Appeal against the judgment and decree in A.S.No.5 of 2011 on the file of the Principal District Court, Virudhunagar District at Srivilliputtur dated 25.07.2022 confirming the Judgment and Decree in O.S.No.64 of 2005 on the file of the Sub Court, Sivakasi dated 01.02.2007.

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CMP(MD). No.11145 of 2025

For Petitioners : Mr.Ashok Kumar M,

For Respondents : Mr.M.P.Senthil, for R1, Mr.K.R.Manimaran, for R2,

ORDER

This Petition is filed to condone the delay of 1100 days in filing

the above Second Appeal.

The learned counsel for the petitioners would submit that though

the suit is one for partition among the co-sharers and there existed a possibility of an amicable settlement through mediation, the attempt at mediation did not fructify . Hence, there was a delay.

Admittedly, the suit is one for partition, in which every

opportunity must be afforded to all the parties to establish their respective rights and claims. Therefore, this Petition is allowed and the delay of 1100 days is condoned on payment of cost of Rs.1,500/(Rupees One Thousand Five Hundred only) to the learned counsel for the first respondent and of Rs.1,500/- (Rupees One Thousand

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CMP(MD). No.11145 of 2025

Five Hundred only) to the learned counsel for the second respondent

(Totally Rs.3,000/-), within a week from today. On production of receipt of such payment, the Registry is directed to number the second appeal, if the papers are otherwise in order and list the same for admission on 16.07.2026.

02.07.2026

LS

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CMP(MD). No.11145 of 2025

T.V.THAMILSELVI,J

LS

CMP(MD) No.11145 of 2025 in SA(MD)No.SR56360 of2025

02/07/2026

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