CMP No. 16880 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-10-2025 CORAM THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN CMP No. 16880 of 2022 in S.A.No.965 of 2000 1. VALLIAMMAL (Died) 2.M.Palanisamy (Died) 3.S.M.Thangavelu S/o Muthusami Gounder, Res at Gate Thottam, Rangasamudram Village, Sathya mangalam Tk, Periyar Dt 4.M.Kumar (Died) 5.Pappathi @ Sarojini W/o Palanisami, Arisi Aalai Sevur Post, Avanasi Tk, Coimbatore Dt 6. NALLAMMAL W/o Late M.Palanisamy, Res at No.7/302. Thavala Giri Nagar, Siveyarpalayam, Sathyamangalam Tk, Coimbatore 632 401 7. GUNASEKAR S/o Late M.Palanisamy, Res at No.7/302. https://www.mhc.tn.gov.in/judis CMP No. 16880 of 2022 Thavala Giri Nagar, Siveyarpalayam, Sathyamangalam Tk, Coimbatore 632 401 8.P.Karpagam W/o S/o Late M.Palanisamy, D.No. 12C, SR Nagar, Nagammapudur, Avinashi Main Rd, Annur Village and Tk, Coimbatore Dt 9.P.Gobu S/o Late M.Palanisamy, D.No. 12C, SR Nagar, Nagammapudur, Avinashi Main Rd, Annur Village and Tk, Coimbatore Dt 10.P.Priya D/o S/o Late M.Palanisamy, D.No. 12C, SR Nagar, Nagammapudur, Avinashi Main Rd, Annur Village and Tk, Coimbatore Dt 11.K.Saraswathi W/o Late Kumar, No.5/597, VNS Nagar, Malaiadipudur Village, Sathyamangalam Tk, Erode Dt 12.K.Rajesh S/o Late Kumar, No.5/597, VNS Nagar, Malaiadipudur Village, Sathyamangalam Tk, Erode Dt 13.K.Narmadha D/o Late Kumar, No.5/597, VNS Nagar, Malaiadipudur Village, Sathyamangalam Tk, Erode Dt Appellant(s) Vs https://www.mhc.tn.gov.in/judis CMP No. 16880 of 2022 1. RAMAYAMMAL (Died) 2.CHINNASAMY S/o Muthusami Gounder, Periyar Thottam, Pannari Rd, Sathya mangalam 3.SUBRAMANIAN S/o Muthusami Gounder, no.3, Round Rd, Anna Veedhi, Pudur, Dindigul 4.SHANTHI W/o Sekar Anna nagar, Rangasamudram, Sathyamangalam 5.PADMA W/o Mani, Anna nagar, Rangasamudram, Sathyamangalam Respondent(s) PRAYER To condone the delay of 168 days in filing the petition to set aside the order of dismiss for default in SA.No. 965 of 2000, dated 27.10.2021. For Appellant(s): Ma.P.Thangavel For Respondent(s): No appearance ORDER The appeal was dismissed for default by a judgment of this Court on 27.10.2021. While dismissing the appeal for default, the learned Judge has recorded that the then counsel for the appellants had reported ''No Instructions” https://www.mhc.tn.gov.in/judis CMP No. 16880 of 2022 by way of a memo dated 04.10.2021, and informed the Court about the same on 07.10.2021. Consequently, Hon'ble Mrs.Justice R.HEMALATHA had directed the Registry to issue notice to the appellants and print their names in the cause list. She has further recorded that the notices have been served on the appellants and their names have been printed and yet, there was no representation on their behalf. Hence, being left with no other alternative, she dismissed the appeal. 2.With a delay of 168 days, an application was filed to set aside the dismissal for default and to restore the appeal on to the file of this Court for disposal on merits. The affidavit in support of the application averred that the appellants had no knowledge about the case, nor did they have any knowledge about the details of the pendency of the appeal. The affidavit is extracted as hereunder:- “4). It is relevant to state that, while the appeal taken for final hearing before this Hon'ble Court 04.10.2021 and the earlier counsel on record reported as No Instruction. Hence this Hon'ble court was pleased to dismiss appeal for default on 27.10.2021. I further submit that the 2 nd Appellant / my father alone taken care of case details and we don't have any knowledge about pendency of this https://www.mhc.tn.gov.in/judis CMP No. 16880 of 2022 appeal. After sudden demise we are suffered very much. After hectic effects through trail court counsel and we able to know the dismissal of the second appeal by this Hon'ble court. Hence legal Heirs of the appeal have interest and liability over the suit property. Hence in the interest of justice and after survival of the pandemic covid-19, we met the previous counsel on record during the 2 nd week of August 2022 and able to know the case status.” 3.Since the affidavit of the petitioner attempted to contradict the order passed on 27.10.2021, in order to give an opportunity to the petitioner and to find out whether the averments are true, I called for a report from the Registry, as to whether the notices were served on the appellants. I passed this order on 18.09.2025. I passed this order on 18.09.2025. 4.The Registry has put up a note dated 07.10.2025, stating that (i)A1 – Valliammal – deceased; (ii)notice sent to A2 – M.Palanisamy had returned as 'left'; (iii)notice sent to A3 – S.M.Thangavelu had returned as 'No Such Addressee'; https://www.mhc.tn.gov.in/judis CMP No. 16880 of 2022 (iv)notice sent to A4 – M.Kumar had been returned as 'Deceased' & (v)notice sent to A5 – Pappathi @ Sarojini has been served on 18.10.2021. 5.This shows that the affidavit filed by the appellants, stating that they had no idea about the pendency of the appeal, is a false one. This Court had taken pains to serve notices on the appellants and the 5 th appellant – Pappathi @ Sarojini received it on 18.10.2021. Despite the same, an affidavit feigning total ignorance of the appeal has been filed. The fifth petitioner has totally suppressed the service of notice. 6.For the purpose of condonation of delay, a party should approach the Court with clean breast and plead sufficient cause. Time and again, this Court, as well as the Supreme Court, have held that once a party pleads a false case, the Court should not come to the assistance of such a party. [See, Pundlik Jalam Patil Vs. Executive Engineer, Jalgaon Medium Project and another, (2008) 17 SCC 448 (para Nos.11 & 12)]. https://www.mhc.tn.gov.in/judis CMP No. 16880 of 2022 7.As the reason given in paragraph No.4 of the affidavit is patently false as is clear from the report of the Registry dated 07.10.2021, the application to condone the delay of 168 days in filing the petition to set aside the order of dismissal for default in S.A.No.965 of 2000 dated 27.10.2021, stands dismissed. 16-10-2025 krk Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.RAMAYAMMAL (died) 2.CHINNASAMY S/o Muthusami Gounder, Periyar Thottam, Pannari Rd, Sathya mangalam 3.SUBRAMANIAN S/o Muthusami Gounder, no.3, Round Rd, Anna Veedhi, Pudur, Dindigul 4.SHANTHI W/o Sekar Anna nagar, Rangasamudram, Sathyamangalam 5.PADMA W/o Mani, Anna nagar, Rangasamudram, Sathyamangalam https://www.mhc.tn.gov.in/judis CMP No. 16880 of 2022 V.LAKSHMINARAYANAN J. krk CMP No. 16880 of 2022 in S.A.No.965 of 2000 16-10-2025 https://www.mhc.tn.gov.in/judis