Petition under Order 41 Rule 3A CPC read with Section 5 of the Limitation Act to condone a 64-day delay in filing an appeal suit against a trial court decree. No serious objection from respondents 1 to 5; the court allowed the petition.
Delay of 64 days in filing the appeal suit condoned; CMP allowed.
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CMP(MD) NO. 19957 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-04-2026
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI
CMP(MD) NO. 19957 of 2025
IN
AS(MD) SR NO. 104591 of 2025
2.K.Dharmaraj
Petitioner(s)
Vs
1/5
CMP(MD) NO. 19957 of 2025
10.K.Samynathan
11.Thiruvatti Jeyamani
12.P.Saravanakumar
13.P.Meganathan
Respondent(s)
(Memo dated 02.01.2026 filed on 06.01.2026 in U.S.R.No.838, is recorded to the effect that notice to RR6, 8 to 13 is dispensed with, as they were set ex parte before the Court below v.c.o. dated 20.01.2026 made in CMP(MD)No.19957 of 2025 in AS(MD)SR No.104591 of 2025 by PVMJ)
For Petitioner(s):
Mr.S.Senthamilselvan, Advocate
For Respondent(s):
Mr.V.Muthukamatchi, Advocate for R1 to R5
Mr.N.Madhavagovindan, Advocate for R7
R6, R8 to R13 – Dispensed with
Prayer : Civil Miscellaneous Petition is filed under Order 41 Rule 3A CPC r/w. Section 5 of the Limitation Act to condone the delay 64 days in filing this appeal suit against the decree and judgment dated 21-04-2025 passed in O.S.No.225 of 2021 on the file of the learned III Additional District Judge, Thanajvur alias Pattukkottai.
2/5
CMP(MD) NO. 19957 of 2025
ORDER
This Civil Miscellaneous Petition has been filed to condone the
delay of 64 days in filing the Appeal Suit in A.S.(MD)SR No.104591 of 2025 before this Court.
the affidavit filed in support of this petition.
serious objection to this petition.
been dispensed with.
3/5
CMP(MD) NO. 19957 of 2025
Miscellaneous Petition is allowed.
15-04-2026
mkn
4/5
CMP(MD) NO. 19957 of 2025
P.VADAMALAI, J.
mkn
CMP(MD) NO. 19957 of 2025 IN AS(MD) SR NO. 104591 of 2025
15.04.2026
5/5
1 issue framed by the court
Whether the delay of 64 days in filing the appeal suit against the decree in O.S.No.225 of 2021 should be condoned.
2 provisions across 2 enactments
K.Govindaraj
K.Dharmaraj
Dhanapal
Suriyamoorthy
P.Devendran
Thiruvatti Suriyakala
P.Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
