Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 8133 (MAD)

Monikantan v. P.Murugan

CMP(MD)/17257/2025 · 2026-07-09

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP(MD). No.17257 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CMP(MD). No.17257 of 2025 in SA(MD)No.SR80262 of 2025 Monikantan, ... Petitioner Vs. P.Murugan, ... Respondent PRAYER :- To condone the delay of 489 days in filling the main second appeal in S.A(MD).SR.No.80262 of 2025 on the file of this Court. For Petitioner : Mr.V.Meenakshi Sundaram Advocate. For Respondent : Mr.R.Mugugan, ORDER This Petition is filed to condone the delay of 489 days in filing the main second appeal in S.A.SR.(MD).No.80262 of 2025 2. The learned counsel for the petitioner would state that due to lack of communication, he was not able to follow the proceedings. Therefore, he prayed to condone the delay of 489 day to prefer the second appeal. 1/3 https://www.mhc.tn.gov.in/judis CMP(MD). No.17257 of 2025 3. The learned counsel for the respondents raised objections stating that the respondent filed the Execution Petition. Only after receipt of notice in the execution proceedings did the petitioner take steps to prefer the appeal belatedly. The petitioner has not assigned any sufficient cause for the delay. 4. Considering the fact that, owing to a lack of communication, the petitioner was unable to file the appeal within the prescribed time, this Court is of the view that one more opportunity ought to be afforded to them to prosecute the appeal on merits. 5. Considering all the facts, this Court is inclined to allow the application . Accordingly, this Petition is allowed on payment of cost of Rs.1,500/- (Rupees One Thousand Five Hundred only) to the learned counsel for the respondent 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 21.07.2026. 09.07.2026 LS 2/3 https://www.mhc.tn.gov.in/judis CMP(MD). No.17257 of 2025 T.V.THAMILSELVI,J LS CMP(MD). No.17257 of 2025 in SA(MD)No.SR80262 of 2025 09/07/2026 3/3 https://www.mhc.tn.gov.in/judis