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Natrayan Vs Palaniammal — Madras HC (2026) — LawSathi Research

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Madras HC
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Natrayan Vs PalaniammalNatrayan v. Palaniammal

Allowed¶26

Natrayan v. Palaniammal

Madras HC23 Mar 2026CMP(MD)/13576/2025

Case brief

AI extract

What is this about?

Condonation of delay CMP(MD) No.13576 of 2025; Madurai Bench of Madras High Court; Justice P.B. Balaji; 100 days delay; second appeal SA(MD) SR No.67113 of 2025; against judgment and decree dated 21-01-2025 in A.S.No.21 of 2023, Sub Court Oddanchathiram, Dindigul District; confirming decree dated 15-11-2022 in O.S.No.119 of 2013, District Munsif Court Oddanchathiram; delay reasonably explained by affidavit; prejudice compensated by costs; Rs.2,000/- payable to counsel for first respondent within one week; posted 30.03.2026 for reporting compliance; petitioner Natrayan; respondents Palaniammal, Karuppayammal, Mayilathal; counsel S.Senthil Kumar and K.K.Samy.

What did the court decide?

Condonation of the 100-day delay in filing Second Appeal SA(MD) SR No.67113 of 2025, granted on payment of Rs.2,000/- as costs to the learned Counsel for the first respondent within one week; matter posted to 30.03.2026 for reporting compliance.

Why is it important?

The delay of 100 days in filing the Second Appeal has been reasonably explained by the petitioner in the affidavit filed in support of the condone delay application. ¶25

What the court decided

AI extract

Outcome

Condonation of the 100-day delay in filing Second Appeal SA(MD) SR No.67113 of 2025, granted on payment of Rs.2,000/- as costs to the learned Counsel for the first respondent within one week; matter posted to 30.03.2026 for reporting compliance.

Issue for consideration

Whether the delay of 100 days in filing the Second Appeal SA(MD) SR No.67113 of 2025 against the judgment and decree in A.S.No.21 of 2023 should be condoned, and if so on what terms.

Ratio / Principle

The delay of 100 days in filing the Second Appeal has been reasonably explained by the petitioner in the affidavit filed in support of the condone delay application.

Key takeaways

The prejudice caused to the respondents by the delayed filing can be suitably compensated by imposing reasonable cost.ratio¶25
The Civil Miscellaneous Petition is allowed conditional on payment of Rs.2,000/- to the learned Counsel for the first respondent within a period of one week, and the matter is posted to 30.03.2026 for reporting compliance.ratio¶26

Detailed headnote1 paragraphs

Condonation of delay - granted with costs. Before the Madurai Bench of the Madras High Court (P.B. Balaji, J.), CMP(MD) No.13576 of 2025 sought condonation of a 100-day delay in filing Second Appeal SA(MD) SR No.67113 of 2025 against the judgment and decree dated 21-01-2025 in A.S.No.21 of 2023 (Sub Court, Oddanchathiram, Dindigul District), which had confirmed the judgment and decree dated 15-11-2022 in O.S.No.119 of 2013 (District Munsif Court, Oddanchathiram). Holding that the delay was reasonably explained by the petitioner's affidavit and that the resulting prejudice to the respondents could be compensated by reasonable costs, the Judge allowed the petition on payment of Rs.2,000/- to counsel for the first respondent within one week and posted the matter to 30.03.2026 for reporting compliance. No statute or precedent was relied upon in this short procedural order.

A

CMP(MD) NO. 13576 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-03-2026

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI

CMP(MD) NO. 13576 of 2025

IN

SA(MD) SR NO. 67113 OF 2025

Natrayan S/o.Palaniyappa Andar Chengattu Thottam Ambiligai Village Oddanchatram Taluk Dindigul District.

Petitioner(s)

Vs

Palaniammal W/o.Nallasamy Thottathu Salai Ambiligai Village Oddanchatram Taluk Dindigul District.

Karuppayammal D/o.Palaniyappa Andar Kombai Thottam Kanakkanpatti Village Palani Taluk Dindigul District.

Mayilathal D/o.Palaniyappa Andar Chengattu Thottam Ambiligai Village Oddanchatram Taluk Dindigul District.

Respondent(s)

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

For Petitioner(s):

Mr.S.Senthil Kumar

For Respondent(s):

Mr.K.K.Samy for R1 No appearance for R2 & R3

Prayer:

To condone the delay of 100 days in filing the second appeal against the judgment and decree passed in A.S.No.21 of 2023 on the file of the learned Sub Court, Oddanchathiram, Dindigul District dated 21-01-2025 in confirming the judgment and decree in O.S.No.119 of 2013 on the file of the learned District Munsif Court, Oddanchathiram, Dindigul District dated 15-11-2022 and thus render justice.

ORDER

The delay of 100 days in preferring the Second Appeal is sought to be condoned.

2. I have heard the learned Counsel for the parties.

3. I am satisfied that the delay has been reasonably explained by the petitioner in the affidavit filed in support of the condone delay application. However, at the same time, the prejudice caused to the respondents can be suitably compensated by imposing reasonable cost.

4. Accordingly, this Civil Miscellaneous Petition is allowed on payment of Rs.2,000/- to the learned Counsel for the first respondent within a period of one [1] week.

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

5.

5. Post on 30.03.2026, “ for reporting compliance”.

23-03-2026

MR

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

To

Palaniammal W/o.Nallasamy Thottathu Salai Ambiligai Village Oddanchatram Taluk Dindigul District.

Karuppayammal D/o.Palaniyappa Andar Kombai Thottam Kanakkanpatti Village Palani Taluk Dindigul District.

Mayilathal D/o.Palaniyappa Andar Chengattu Thottam Ambiligai Village Oddanchatram Taluk Dindigul District.

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay of 100 days in filing the Second Appeal SA(MD) SR No.67113 of 2025 against the judgment and decree in A.S.No.21 of 2023 should be condoned, and if so on what terms.¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 21-01-2025 in A.S.No.21 of 2023 on the file of the learned Sub Court, Oddanchathiram, Dindigul District, confirming the judgment and decree in O.S.No.119 of 2013; challenged by way of the delayed Second Appeal for which condonation is sought.¶21
learned Sub Court, Oddanchathiram, Dindigul District · 21-01-2025
Prior proceeding
Original Suit O.S.No.119 of 2013 on the file of the learned District Munsif Court, Oddanchathiram, Dindigul District; judgment and decree dated 15-11-2022.¶21
Prior proceeding
First Appeal A.S.No.21 of 2023 before the learned Sub Court, Oddanchathiram, Dindigul District; judgment and decree dated 21-01-2025 confirming the trial court decree.¶21
Prior proceeding
Second Appeal SA(MD) SR No.67113 of 2025 presented with a delay of 100 days; condonation sought by way of CMP(MD) No.13576 of 2025 supported by an affidavit explaining the delay.¶23

Parties & counsel

AI extract

petitioner
Natrayan S/o.Palaniyappa Andar¶8
S.Senthil Kumar
respondent
Palaniammal W/o.Nallasamy¶11
K.K.Samy
respondent
Karuppayammal D/o.Palaniyappa Andar¶12
respondent
Mayilathal D/o.Palaniyappa Andar¶13

Coram

AI extract

P.B. Balajiauthor¶4

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 23 Mar 2026 · March
Registered: 13 Aug 2025
Case no.: CMP(MD)/13576/2025
CNR: HCMD010970892025
Bench: P.b. Balaji
Disposal: ORDERED
Case type: CMP(MD)

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Cite this judgement

Natrayan v. Palaniammal, CMP(MD)/13576/2025 (MAD), decided on 23 March 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history4

Judgment and decree dated 21-01-2025 in A.S.No.21 of 2023 on the file of the learned Sub Court, Oddanchathiram, Dindigul District, confirming the judgment and decree in O.S.No.119 of 2013; challenged by way of the delayed Second Appeal for which condonation is sought.learned Sub Court, Oddanchathiram, Dindigul District · 21-01-2025
Original Suit O.S.No.119 of 2013 on the file of the learned District Munsif Court, Oddanchathiram, Dindigul District; judgment and decree dated 15-11-2022.
First Appeal A.S.No.21 of 2023 before the learned Sub Court, Oddanchathiram, Dindigul District; judgment and decree dated 21-01-2025 confirming the trial court decree.

View full history

Bench / Coram

P.B. Balaji

Parties & counsel