Allowed¶23

Peter Josephraj v. K.Balasubramanian

Madras HC25 Mar 2026CMP(MD)/4031/2026

Case brief

AI extract

What is this about?

Condonation of delay; 1473 days; Section 5 Limitation Act; Cross Objection in A.S(MD) No. 90 of 2021; CMP(MD) No. 4031 of 2026; Madurai Bench of Madras High Court; G.R. Swaminathan J. and R. Poornima J.; allowed on payment of cost of Rs. 2500/- to Hon'ble CJ Relief Fund; seven-day payment window; automatic dismissal on failure to remit; appeal posted for final disposal on 09.04.2026.

What did the court decide?

Delay of 1473 days in filing the Cross Objection in A.S(MD) No. 90 of 2021 condoned; Civil Miscellaneous Petition allowed subject to payment of cost of Rs. 2500/- to the Hon'ble CJ Relief Fund within seven days of receipt of the order, failing which the petition stands automatically dismissed; appeal posted for final disposal on 09.04.2026. ¶23

Peter Josephraj Vs K.Balasubramanian — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 1473 days in filing the Cross Objection in A.S(MD) No. 90 of 2021 should be condoned under Section 5 of the Limitation Act.

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Court's answer

The Court was satisfied with the reasons set out in the affidavit filed in support of the condone delay petition.

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Ratio / Principle

The Civil Miscellaneous Petition stands allowed on payment of cost of Rs. 2500/- payable to the Hon'ble CJ Relief Fund.

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Key takeaways

The cost of Rs. 2500/- shall be paid within a period of seven days from the date of receipt of copy of the order.ratio¶23
Failure to remit the cost within the aforesaid period would entail automatic dismissal of the condone delay petition.ratio¶23-24

Detailed headnote1 paragraphs

Madurai Bench of Madras High Court, CMP(MD) No. 4031 of 2026, dated 25-03-2026 (order made by G.R. Swaminathan J., sitting with R. Poornima J.). Petition under Section 5 of the Limitation Act by Peter Josephraj S/o. Vedamuthu, Lilly Therasa and Julia Markirat D/o. Vedamuthu (represented through their Power of Attorney Agent James Vivekanandan S/o Mariyadass) to condone a delay of 1473 days in filing a Cross Objection in A.S(MD) No. 90 of 2021 (the prayer refers to the filing as a 'Cross Appeal'), before sole respondent K.Balasubramanian S/o. Kalimuthu Servai. Counsel: A.V. Arun (for G. Aravinthan) for the petitioners; S. Srinivasa Raghavan (for C. Lakshmanan) for the respondent. The Court, satisfied with the reasons set out in the affidavit filed in support, allowed the petition on payment of cost of Rs. 2500/- to the Hon'ble CJ Relief Fund within seven days from receipt of the order, non-payment within that period entailing automatic dismissal of the petition; the appeal was directed to be posted for final disposal on 09.04.2026.

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CMP(MD) NO. 4031 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE G.R.SWAMINATHAN

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AND

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THE HONOURABLE MS.JUSTICE R. POORNIMA

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CMP(MD) NO. 4031 of 2026

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Peter Josephraj S/o. Vedamuthu No.11, Jalan Nuri 31250 Taman Jothi Taman Nambuthala Perak Malaysia. Bowl Josephraj (Deceased)

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LILLY THERASA D/o. Vedamuthu No.11, Jalan Nuri 31250 Taman Jothi Taman Nambuthala Perak Malaysia. 3. JULIA MARKIRAT D/o. Vedamuthu No.11, Jalan Nuri 31250 Taman Jothi Taman Nambuthala Perak Malaysia. Represented through their Power of Attorney Agent James Vivekanandan S/o Mariyadass No.128, Madha koil street Ariyakudi Karaikudi Taluk Sivagangai District.

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Petitioner(s)

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K.Balasubramanian S/o. Kalimuthu Servai Subramaniyapuram 4th Street

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

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No.7, Karaikudi Town Karaikudi Taluk Sivagangai District.

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Respondent(s)

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For Petitioner(s): Mr.A.V.Arun for Mr.G.Aravinthan For Respondent(s): Mr.S.Srinivasa Raghavan for Mr.C.Lakshmanan

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Prayer: This petition is filed under Section 5 of Limitation Act to Condone the delay of 1473 days in filing the above Cross Appeal and thus render justice.

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ORDER

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(Order of the Court was made by the Hon'ble G.R.Swaminathan J.)

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Heard both sides.

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The petitioners herein have filed Cross Objection in A.S(MD) No. 90 of 2021. However, there is a delay of 1473 days in filing the cross objection.

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We are satisfied with the reasons set out in the affidavit filed in support of the condone

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delay petition. This Civil Miscellaneous Petition stands allowed on payment of cost of Rs. 2500/- payable to the Hon'ble CJ Relief Fund. This amount shall be paid within a period of seven days from the date of receipt of copy of this order. Failure to remit the cost within

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the aforesaid period would entail automatic dismissal of this petition.

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4.Post the appeal itself for 'final disposal' on 09.04.2026.

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(G.R.SWAMINATHAN J.) (R.POORNIMA J.) 25-03-2026

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rmi To 1. K.Balasubramanian S/o. Kalimuthu Servai Subramaniyapuram 4th Street No.7, Karaikudi Town Karaikudi Taluk https://www.mhc.tn.gov.in/judis

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Sivagangai District.

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