Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 5478 (MAD)

K.lakshmanan v. T.Ganapathy

CMP(MD)/4979/2025 · 2026-03-12

P B Balaji

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP(MD) NO. 4979 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-03-2026 CORAM THE HONOURABLE MR JUSTICE P.B. BALAJI CMP(MD) NO. 4979 of 2025 IN SA(MD) SR NO. 58460 OF 2024 1. K.lakshmanan S/o.Late.Kandhan Indira Colony Street Pattapathu Ayiraperi Village Tenkasi Taluk and District. Petitioner(s) Vs 1. T.Ganapathy S/o.Late.Thirikudapillai Door No.156/98 Anakkarai Street Tenkasi Tenkasi District. 2. K.Kumar S/o.Late.Kandhan Gandhi Colony Street Pattapathu Ayiraperi Village Tenkasi Taluk and District. Respondent(s) For Petitioner(s): S.Rajasekar M.Arjun Varman For Respondent(s): M/s. P.Thiyagarajan For R1 For R2 – No appearance https://www.mhc.tn.gov.in/judis Prayer: To condone the delay of 122 days in filing the above Second Appeal in SA(MD) Sr No.58460 of 2024 and thus render justice ORDER The delay of 122 days in filing the Second Appeal is sought to be condoned. 2.I have heard the learned Counsel for the parties. 3.The petitioner has explained the delay in paragraph No.8 citing his advanced age and also inability to mobilise funds in approaching this Court. Learned Counsel for the first respondent would state that the reasons assigned by the petitioner / appellant are not satisfactory and do not mandate condonation of delay and the averments are self-serving and unsubstantiated. 4.I have considered the arguments advanced by the learned Counsel on either side. 5.Considering that the delay is not inordinate and only 122 days and has been satisfactorily explained in the affidavit in support of the application, I am inclined to condone the delay. However, for the prejudice caused to the first respondent who has also entered appearance and opposed the delay application, I direct the petitioner to pay a cost of Rs.3,000/- to the learned Counsel for the first respondent. https://www.mhc.tn.gov.in/judis 6.Post on 30.03.2026, “for reporting compliance”. 12-03-2026 MR https://www.mhc.tn.gov.in/judis To 1. T.Ganapathy S/o.Late.Thirikudapillai Door No.156/98 Anakkarai Street Tenkasi Tenkasi District. 2. K.Kumar S/o.Late.Kandhan Gandhi Colony Street Pattapathu Ayiraperi Village Tenkasi Taluk and District. https://www.mhc.tn.gov.in/judis