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2025 DAILYLAW 7851 (MAD)

R.Ayyanar (Died) 1. R.Murugan v. R.Chandran

CMP(MD)/11145/2025 · 2026-07-02

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP(MD). No.11145 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/07/2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CMP(MD). No.11145 of 2025 in SA(MD)No.SR56360 of 2025 R.Ayyanar (Died) 1. R.Murugan, 2. A.Backiyalakshmi, ... Petitioners Vs. 1. R.Chandran, 2. R.Gandhimathi, 3. I.Chandran, 4. D.Ganapathiammal ... Respondents PRAYER :- To Condone the delay of 1100 days in filing the above Second Appeal against the judgment and decree in A.S.No.5 of 2011 on the file of the Principal District Court, Virudhunagar District at Srivilliputtur dated 25.07.2022 confirming the Judgment and Decree in O.S.No.64 of 2005 on the file of the Sub Court, Sivakasi dated 01.02.2007. 1/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.11145 of 2025 For Petitioners : Mr.Ashok Kumar M, For Respondents : Mr.M.P.Senthil, for R1, Mr.K.R.Manimaran, for R2, ORDER This Petition is filed to condone the delay of 1100 days in filing the above Second Appeal. 2. The learned counsel for the petitioners would submit that though the suit is one for partition among the co-sharers and there existed a possibility of an amicable settlement through mediation, the attempt at mediation did not fructify . Hence, there was a delay. 3. Admittedly, the suit is one for partition, in which every opportunity must be afforded to all the parties to establish their respective rights and claims. Therefore, this Petition is allowed and the delay of 1100 days is condoned on payment of cost of Rs.1,500/- (Rupees One Thousand Five Hundred only) to the learned counsel for the first respondent and of Rs.1,500/- (Rupees One Thousand 2/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.11145 of 2025 Five Hundred only) to the learned counsel for the second respondent (Totally Rs.3,000/-), within a week from today. On production of receipt of such payment, the Registry is directed to number the second appeal, if the papers are otherwise in order and list the same for admission on 16.07.2026. 02.07.2026 LS 3/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.11145 of 2025 T.V.THAMILSELVI,J LS CMP(MD) No.11145 of 2025 in SA(MD)No.SR56360 of2025 02/07/2026 4/4 https://www.mhc.tn.gov.in/judis