Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Gurusamy (died) 1.G.Ramuthai Vs Ramasamy — Madras HC (2026) — LawSathi Research

Home
Madras HC
2026
Gurusamy (died) 1.G.Ramuthai Vs RamasamyGurusamy (died) 1.G.Ramuthai v. Ramasamy

Allowed¶28

Gurusamy (died) 1.G.Ramuthai v. Ramasamy

Madras HC10 Jul 2026CMP(MD)/16590/2025

Case brief

AI extract

What is this about?

Condonation of delay; 147 days; second appeal; SA(MD)SR No.85847 of 2025; C.M.P(MD)No.16590 of 2025; A.S.No.21 of 2016; Subordinate Judge Virudhunagar; O.S.No.146 of 2010; District Munsif Court Virudhunagar; misplacement of certified copy; cost Rs.1,500/-; appeal taken on file 17.07.2026; Madurai Bench of Madras High Court; T.V. Thamilselvi J. Parties: G.Ramuthai, G.Muthukrishnan, G.Subramanian, G.Selvakumar (legal reps of deceased Gurusamy) v. Ramasamy, Alagarsamy, Venkatesan. Counsel: M/s.M.Kannan for appellants; Mrs.Lakshmi Gopinathan (for M/s.Polex Solutions) for R1; no appearance for R2 & R3.

What did the court decide?

Delay of 147 days in filing the second appeal condoned; petition allowed on payment of cost of Rs.1,500/- to the learned counsel for the respondent within a week, and on such payment the appeal to be taken on file on 17.07.2026.

Why is it important?

The Court accepted the petitioners' explanation that the certified copy of the judgment and decree in A.S.No.21 of 2016 was misplaced, causing the delay, and decided to afford the petitioner one more opportunity (i.e., to condone the delay). ¶23

What the court decided

AI extract

Outcome

Delay of 147 days in filing the second appeal condoned; petition allowed on payment of cost of Rs.1,500/- to the learned counsel for the respondent within a week, and on such payment the appeal to be taken on file on 17.07.2026.

Issue for consideration

Whether the delay of 147 days in filing the second appeal (SA(MD)SR No.85847 of 2025) against the judgment and decree in A.S.No.21 of 2016 should be condoned.

Court's answer

The Court accepted the petitioners' explanation that the certified copy of the judgment and decree in A.S.No.21 of 2016 was misplaced, causing the delay, and decided to afford the petitioner one more opportunity (i.e., to condone the delay).

Ratio / Principle

The petition is allowed subject to payment of cost of Rs.1,500/- to the learned counsel for the respondent within a week; on such payment being made, the appeal is ordered to be taken on file on 17.07.2026.

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (T.V. Thamilselvi, J.) — C.M.P(MD)No.16590 of 2025 in SA(MD)SR No.85847 of 2025, decided 10.07.2026: Petition by the appellants (legal representatives of deceased Gurusamy) to condone a 147-day delay in filing a second appeal against the judgment and decree in A.S.No.21 of 2016 (Subordinate Judge, Virudhunagar, dated 23-10-2024), which had confirmed the judgment and decree in O.S.No.146 of 2010 (District Munsif Court, Virudhunagar, dated 02-07-2016). Delay attributed to misplacement of the certified copy of the appellate judgment and decree. Delay condoned; petition allowed on payment of cost of Rs.1,500/- to the respondent's counsel within a week, on which payment the appeal is to be taken on file on 17.07.2026.

A

C.M.P(MD)No.16590 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 10.07.2026

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

C.M.P(MD)No.16590 of 2025 in SA(MD)SR No.85847 of 2025

Gurusamy (Died) 1.G.Ramuthai

G.Muthukrishnan

G.Subramanian

G.Selvakumar ... Petitioner(s) - Vs. -

Ramasamy 2. Alagarsamy

Venkatesan

... Respondent(s)

Prayer:To condone the delay of 147 days in filing the above second appeal against the judgment and decree in A.S.No.21 of 2016 passed by the learned Subordinate Judge, Virudhunagar Dated 23-10-2024

1/4

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

C.M.P(MD)No.16590 of 2025

confirming the judgment and decree in O.S.No.146 of 2010 passed by the learned District Munsif Court, Virudhunagar dated 02-07-2016 and thus render justice.

For Appellants : M/s.M.Kannan For R1 : Mrs.Lakshmi Gopinathan for M/s.Polex Solutions For R2 & R3 : No appearance

ORDER

Challenging the concurrent findings, the appellant/defendant has preferred the present second appeal.

2.Heard the learned counsel for the appellant and the learned counsel for the first respondent.

3.The learned counsel for the petitioner submitted that, due to the misplacement of the certified copy of the judgment and decree in A.S. No. 21 of 2016, the petitioners were unable to file the appeal within the prescribed period of limitation. Considering the explanation offered, this Court is inclined to afford one more opportunity to the petitioner.

2/4

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

C.M.P(MD)No.16590 of 2025

4.Accordingly this Court is inclined to allow the said application

on payment of cost of Rs.1,500/-. Accordingly, this Petition is allowed on payment of cost of Rs.1,500/- (Rupees One Thousand Five Hundred only) to the learned counsel for the respondent within a week from today. On such payment being made, the appeal is ordered to be taken on file on 17.07.2026.

10.07.2026

Ns

3/4

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

C.M.P(MD)No.16590 of 2025

T.V.THAMILSELVI,J. Ns

C.M.P(MD)No.16590 of 2025 in SA(MD)SR No.85847 of 2025

10.07.2026

4/4

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the delay of 147 days in filing the second appeal (SA(MD)SR No.85847 of 2025) against the judgment and decree in A.S.No.21 of 2016 should be condoned.¶14
The court held
The Court accepted the petitioners' explanation that the certified copy of the judgment and decree in A.S.No.21 of 2016 was misplaced, causing the delay, and decided to afford the petitioner one more opportunity (i.e., to condone the delay).ratio¶23

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree in A.S.No.21 of 2016 confirming the judgment and decree in O.S.No.146 of 2010, challenged through the present second appeal (SA(MD)SR No.85847 of 2025) accompanied by this condonation-of-delay petition.¶14
Subordinate Judge, Virudhunagar · 23-10-2024
Prior proceeding
Trial suit O.S.No.146 of 2010 before the District Munsif Court, Virudhunagar; judgment and decree dated 02-07-2016.¶18
Prior proceeding
First appeal A.S.No.21 of 2016 before the Subordinate Judge, Virudhunagar; judgment and decree dated 23-10-2024, confirming the trial court verdict.¶14

Parties & counsel

AI extract

petitioner
G.Ramuthai (legal representative of deceased Gurusamy)¶7
M/s.M.Kannan
petitioner
G.Muthukrishnan¶8
M/s.M.Kannan
petitioner
G.Subramanian¶9
M/s.M.Kannan
petitioner
G.Selvakumar¶10
M/s.M.Kannan
respondent
Ramasamy¶11
Mrs.Lakshmi Gopinathan
respondent
Alagarsamy¶11
respondent
Venkatesan¶12

Coram

AI extract

T.V.THAMILSELVIauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 10 Jul 2026 · July
Registered: 9 Oct 2025
Case no.: CMP(MD)/16590/2025
CNR: HCMD011407442025
Bench: T.v.thamilselvi
Disposal: ORDERED
Case type: C.M.P(MD)

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from T.v.thamilselvi

Ram Mohan Vs Vani shri
9 Jul 2026
Monikantan Vs P.Murugan
9 Jul 2026
Saraswathi, Vs Ayyanar Konar
9 Jul 2026
M.Chitra, Vs Kodhaiyammal
10 Jul 2026
M. Rakkammal Vs Pl.Shanmuganathan
10 Jul 2026
K.Kanagaraj Vs Murugan
10 Jul 2026

Cite this judgement

Gurusamy (died) 1.G.Ramuthai v. Ramasamy, CMP(MD)/16590/2025 (MAD), decided on 10 July 2026.

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

Procedural history3

Judgment and decree in A.S.No.21 of 2016 confirming the judgment and decree in O.S.No.146 of 2010, challenged through the present second appeal (SA(MD)SR No.85847 of 2025) accompanied by this condonation-of-delay petition.Subordinate Judge, Virudhunagar · 23-10-2024
Trial suit O.S.No.146 of 2010 before the District Munsif Court, Virudhunagar; judgment and decree dated 02-07-2016.
First appeal A.S.No.21 of 2016 before the Subordinate Judge, Virudhunagar; judgment and decree dated 23-10-2024, confirming the trial court verdict.

View full history

Bench / Coram

T.V.THAMILSELVI

Parties & counsel