CMP(MD). No.16495of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.07.2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CMP(MD). No.16495 of 2024 in SA(MD)SR.No.78217 of 2022 1.S.Thoppaiyan 2.S.Natarajan 3.S.Sakthivel ... Appellants/Respondents/ Plaintiffs Vs 1.T.Muniyandi 2.T.Munisamy 3.T.Kamaraj Thoppammal(Died) 4.V.Venkitachalam (Sole legal heir of the above 4th respondent) 5.S.Bommi Naicker . ..Respondents1to5 / Appellants 1to3,5,7/defendants1to3,5,7 Thoppaiyan(died) 6.Kamala Kumar 7.Sivakumar 8.Kalanithi ... Respondents 6 to 8/ LRs of the Proposed Respondent 1/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.16495of 2024 PRAYER :- To condone the delay of 571 days in filing the above appeal against the Judgment and Decree in A.S.No.113 of 2011 of the Principal Sub Court, Dindigul, dated 24.07.2012 reversing the Judgment and Decree in O.S.No.544 of 2008 on the file of the of the Learned District Munsif Court, Uthamapalayam, Theni District in OS No.149 of 2013 dated 17.02.2017. For Petitioners : M/s. A.Arumugam, For Respondent : Mr.A. Rajasekaran ORDER This petition is filed to condone the delay of 571 days in filing the above appeal. 2.The learned counsel for the petitioner submits that the fifth respondent has died and that no specific relief has been sought against him in the main appeal. It is further submitted that there is a delay of 571 days in filing the present application due to lack of communication in obtaining the legal representative particulars of the deceased defendant Nos. 4 and 6, and hence, the appeal could not be filed within the prescribed time. 2/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.16495of 2024 3.The Learned counsel appearing for the respondents raised a strong objection, contending that the appeal has been filed with an inordinate delay of 571 days solely with the intention of protracting the proceedings. It is further submitted that the reasons assigned for the delay are neither sufficient nor satisfactory to warrant its condonation." On a perusal of the objections, it is seen that the petitioner has admitted that defendant Nos. 4 and 6 had died and being a senior citizen, the petitioner was unable to collect the particulars of their legal representatives within time. 4.In view thereof, this Court gives one more opportunity to the petitioner, as there is no wilful negligence on his side. Accordingly this Court is inclined to allow the said application on payment of cost of Rs. 3,000/-. Accordingly, this Petition is allowed on payment of cost of Rs. 3,000/- (Rupees Three Thousand only) to the learned counsel for the respondents within a week from today. On such payment being made, the appeal is ordered to be taken on file on 22.07.2026. 06.07.2026 Ns 3/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.16495of 2024 T.V.THAMILSELVI,J. Ns CMP(MD). No.16495 of 2024 in SA(MD)SR.No.78217 of 2022 06.07.2026 4/4 https://www.mhc.tn.gov.in/judis