M.Rajesh v. The Executive Officer

Madras HC23 Jun 2026CMP(MD)/5405/2026

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; CMP(MD) No.5405 of 2026 in SA(MD)Sr.No.31569 of 2026; condonation of delay; 1,014 days (1014 days); Second Appeal; dismissal of A.S. No. 35 of 2019; counsel's death 14.09.2025; counsel's cancer 2023–2024; notice in E.P. No. 1 of 2026; sufficient cause; prescribed period of limitation; Registry to number Second Appeal; M.Rajesh v. Executive Officer, Arulmigu Someshwarar Swamy Thirukoil, Kumbakonam; P.B. Balaji; 23.06.2026.

What did the court decide?

Delay of 1,014 days in filing the Second Appeal condoned; Registry directed to number the Second Appeal if it is otherwise in order and list it for admission in usual course. ¶¶27

M.Rajesh Vs The Executive Officer — Madras HC (2026) — LawSathi Research

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CMP(MD). No.5405 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 23/06/2026

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CORAM

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THE HONOURABLE MR. JUSTICE P.B. BALAJI

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CMP(MD). No.5405 of 2026 in SA(MD)Sr.No.31569 of 2026

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M.Rajesh ... Petitioner

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The Executive Officer, Arulmigu Someshwarar Swamy Thirukoil, Office at Arulmigu Sarangapani Swamy Thirukoil Kumbakonam Town and Taluk.. ... Respondent

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PRAYER :-

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To Condone the delay of 1014 days in filing the above Second Appeal and pass such further or other orders.

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For Petitioner : A.Mohamedhaneef-Ms/866/2011, Advocate.

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ORDER

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The present petition has been filed seeking condonation of a delay of 1,014 days in filing the Second Appeal.

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The learned counsel for the applicant submitted that the

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

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CMP(MD). No.5405 of 2026

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appellant was under the bona fide impression that the first appeal was still pending and that he was in regular contact with the counsel engaged to represent him in A.S. No. 35 of 2019. It was further submitted that the appellant was periodically informed by the clerk of the said counsel that the counsel was not keeping good health and had, in fact, been suffering from cancer during the years 2023 and 2024. Subsequently, the counsel passed away on 14.09.2025.

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It is stated that it was only upon receipt of notice in E.P. No. 1 of 2026, towards the end of February 2026, that the petitioner/appellant came to know of the dismissal of the first appeal. Thereafter, the petitioner took immediate steps to obtain certified copies and file the present Second Appeal without any further delay.

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Despite service of notice, the respondents have neither chosen to

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appear in person nor through counsel.

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Considering the averments set out in the affidavit filed in support of the application and the submissions made by the learned counsel for the applicant, this Court is satisfied that the petitioner has shown sufficient cause for not preferring the Second Appeal within the prescribed period of limitation.

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

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CMP(MD). No.5405 of 2026

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