Kaliyammal, v. Rajendran

Madras HC22 Jun 2026CMP(MD)/5994/2026

Case brief

AI extract

What is this about?

Condonation of delay 210 days; Second Appeal SA(MD) SR No. 1670 of 2026; CMP(MD) No. 5994 of 2026; Madurai Bench of Madras High Court; Justice P.B. Balaji; order dated 22-06-2026; judgment and decree dated 11.03.2025 in A.S.No.37 of 2023, Additional District (Fast Track) Court, Theni; reasonable cause established on affidavit; appellant given opportunity to contest Second Appeal; respondents prejudiced by delay compensated by cost of Rs.2,500/- payable to counsel for respondents 1 & 2; compliance to be reported after two weeks.

What did the court decide?

Delay of 210 days in filing the Second Appeal condoned, subject to payment of Rs.2,500/- to the learned Counsel for the respondents 1 & 2; matter to be posted after two weeks for reporting compliance. ¶¶32

Kaliyammal, Vs Rajendran — Madras HC (2026) — LawSathi Research

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CMP(MD) NO. 5994 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-06-2026

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CORAM

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THE HONOURABLE MR JUSTICE P.B. BALAJI

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CMP(MD) NO. 5994 of 2026

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SA(MD) SR NO. 1670 OF 2026

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Kaliyammal, W/o.Kalimuthu Aasari D.No.109 Gandhiji Street Kombai Town Uthamapalayam Taluk.

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ANBUNATHAN S/o.Kalimuthu Aasari Ward No.13 Singara Nagar Kombai Town Uthamapalayam Taluk.

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SARAVANAKUMARAN S/o.Kalimuthu Aasari Ward No.13 Singara Nagar Kombai Town Uthamapalayam Taluk.

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Petitioner(s)

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Rajendran, S/o.Nagarathinam D.No.149 Nehruji Street Kombai Town Uthamapalayam Taluk Theni District.

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

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Sri Kantha Kumar S/o.Rajendran Chinnankulam Kombai Town Uthamapalayam Taluk Theni District.

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Reena D/o.Raghu Chinnankulam Kombai Town Uthamapalayam Taluk Theni District.

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Jothi D/o.Raghu Chinnankulam Kombai Town Uthamapalayam Taluk Theni District.

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Respondent(s)

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For Petitioner(s):

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No appearance

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For Respondent(s):

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M/s.M.Sivakumar For R1 & R2 Dt 05/06/2026 Sr19279 No appearance for R3 & R4

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Prayer:

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To condone the delay of 210 days in preferring the above Second Appeal against the judgment and decree dated 11.03.2025 in A.S.No.37 of 2023 on the file of Additional District (Fast Track) Court, Theni and thus render justice.

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ORDER

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This petition has been taken out to condone the delay of 210 days delay in filing the Second Appeal.

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

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2.
3.

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2. Heard the learned Counsel for the respondents 1 & 2.

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3. Learned Counsel for the respondents 1 & 2, who are the contesting

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respondents states that no satisfactory reasons have been assigned. However, on going through the affidavit, I find that the petitioners have made out a reasonable cause and hence, the appellant deserves an opportunity to contest the Second Appeal. However, the respondents who have been prejudiced by the delay must be suitably compensated by payment of cost.

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4. Accordingly, this Civil Miscellaneous Petition is allowed on payment

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Rs.2,500/- to the learned Counsel for the respondents 1 & 2.

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5. Post after two [2] weeks for reporting compliance.

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22-06-2026

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

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