CMP(MD) NO. 8463 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. 8463 of 2025 IN SA(MD) SR NO. 44463 OF 2025 1. Muniyasamy S/o.Vellaiyan Peraiyur Village Kamuthi Taluk Ramanathapuram District. Petitioner(s) Vs 1. Sakthivel (died) (Substituted by) K.Balakrishnan, S/o.Kupusamy President of Peraiyur Poovaisiya Indirakula Velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. 2. Velusamy (Died) (Substituted by) T.Kannusamy S/o.Thavasi Secretary of Peraiyur Poovaisiya Indirakula Velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. Respondents are substituted in the place of 1st and 2nd Respondents vide court order dated 20.02.2026 made in CMP(MD)No.1350 of 2026 in CMP(MD)No.8463 of 2025 in SA(MD) SR.No.44463 of 2025 by KMSJ. https://www.mhc.tn.gov.in/judis 3. Rasaiya Treasurer of Peraiyur Poovaisiya Indirakula velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. 4. Chelladurai Executive member of Peraiyur Poovaisiya Indirakula velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. 5. Niraikulathan Advisor of Peraiyur Poovaisiya Indirakula velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. Respondent(s) For Petitioner(s): M/s. V.Muruganandam S.Balakrishanan For Respondent(s): M/s.Ajmal Associates V.George Raja M.Mohamed Ibram Saibu For R1 & R2 Sr.6209 Dt13.02.2026 For R3 & R4 Sr.27429 Dt.08.07.2025 For R5 Sr.27431 Dt.08.07.2025 Memo Filed Dt 20/01/2026 Usr2413 Counter Filed Usr. 2414 Dt 20.01.2026 Prayer: To condone the delay of 90 days in filing the above Second appeal in SA(MD) Sr.44463 of 2025 and thus render justice. https://www.mhc.tn.gov.in/judis ORDER The delay of 90 days in filing the Second Appeal is sought to be condoned. 2.I have heard Mr.V.Muruganandam learned Counsel for the petitioner and Mr.V.George Raja, learned Counsel for the contesting respondents. 3.Learned Counsel for the petitioner took me through the affidavit filed in support of the application, especially paragraph No.6. I find that the petitioner has made out sufficient cause entitling him for condonation of delay under Section 5 of the Limitation Act. 4.Though learned Counsel for the respondents would state that the delay has not been satisfactorily explained and does not fulfil the mandate of Section 5, I find from the affidavit filed in support of this petition that the petitioner has made out just and sufficient cause. Hence, I am inclined to entertain this petition. At the same time, in order to compensate the prejudice caused to the respondents, this Civil Miscellaneous Petition is allowed on payment of a cost of Rs.2,500/- to the learned Counsel for the respondents. 5.Post on 30.03.2026, “for reporting compliance”. 12-03-2026 MR https://www.mhc.tn.gov.in/judis To 1. Sakthivel (died) (Substituted by) K.Balakrishnan, S/o.Kupusamy President of Peraiyur Poovaisiya Indirakula Velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. 2. Velusamy (Died) (Substituted by) T.Kannusamy S/o.Thavasi Secretary of Peraiyur Poovaisiya Indirakula Velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. 3. Rasaiya Treasurer of Peraiyur Poovaisiya Indirakula velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. 4. Chelladurai Executive member of Peraiyur Poovaisiya Indirakula velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. 5. Niraikulathan Advisor of Peraiyur Poovaisiya Indirakula velalar Sangam Peraiyur Village Kamuthi Taluk Ramanathapuram District. https://www.mhc.tn.gov.in/judis