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2025 DAILYLAW 8841 (MAD)

Durai Manickam v. Ayyeenpon

CMP(MD)/13561/2025 · 2026-07-21

T V Thamilselvi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP(MD). No.13561 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21/07/2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CMP(MD). No.13561 of 2025 in SA(MD)No.SR60191 of 2025 Durai Manickam, ... Petitioner Vs. 1. Ayyeenpon, W/o.Murugaiya Velar, Vellalaviduthi Village and Post, Alangudi Taluk, Pudukkottai District. 2. Sakunthala, W/o.Murugaiya Velar, Vellalaviduthi Village and Post, Alangudi Taluk, Pudukkottai District. 3. Jayarani, D/o.Murugaiya Velar, Vellalaviduthi Village and Post, Alangudi Taluk, Pudukkottai District. 4. Rajathi, D/o.Murugaiya Velar, Vellalaviduthi Village and Post, Alangudi Taluk, Pudukkottai District. 1/5 https://www.mhc.tn.gov.in/judis CMP(MD). No.13561 of 2025 5. Shanmuga Vadivel, S/o.Murugaiya Velar, Vellalaviduthi Village and Post, Alangudi Taluk, Pudukkottai District. 6. Govindasamy, S/o.Murugaiya Velar, Vellalaviduthi Village and Post, Alangudi Taluk, Pudukkottai District. 7. Pragadambal, W/o.Sakthivel, Vellalaviduthi Village and Post, Alangudi Taluk, Pudukkottai District.. 8. Muthuramalingam, W/o.Murugaiya Velar, Vellalaviduthi Village and Post, Alangudi Taluk, Pudukkottai District. 9. Jayammal Alias Jeyam, W/o.Vaithiyanathan, Kadiyapatti, Ramachandrapuram Post, Thirumayam Taluk, Pudukkottai District. 10. Sornavalli, W/o.Panchanathan, Vellalaviduthi Village and Post, Alangudi Taluk,Pudukkottai District. ... Respondents 2/5 https://www.mhc.tn.gov.in/judis CMP(MD). No.13561 of 2025 PRAYER :- To condone the delay of 1964 days in filing the above second appeal in S.A.(MD).SR.No.60191 of 2025. For Petitioner : Mr.S.Rajasekar for M/s.Roy and Roy Associates, For Respondents : Mr.J.Barathan, For R1 to R6, Mr.V.S.Badrinath For R7 & R8, ORDER This Petition is filed to condone the delay of 1964 days in filing the instant second appeal. 2. The learned counsel for the petitioner would submit that the petitioner was impleaded as a party in the first appeal, having purchased the suit property from the second plaintiff. Although he was arrayed as a party in the first appeal, the second plaintiff, who was his vendor, did not prefer the appeal. Instead, the first plaintiff alone preferred and prosecuted the appeal. Consequently, the petitioner was unable to effectively follow the proceedings. Further, owing to a lack of communication, he was unable to keep track of the progress of the case, which resulted in a delay of 1964 days in filing the present appeal. 3/5 https://www.mhc.tn.gov.in/judis CMP(MD). No.13561 of 2025 3. The learned counsel appearing for the respondents 1 to 6 raised a strong objection, contending that the petitioners have failed to satisfactorily explain the reasons for the delay. 4. Considering the fact that to give one more opportunity to the petitioner, this Petition is allowed and the delay of 1964 days is condoned on payment of cost of Rs.5,000/- (Rupees Five Thousand only) to the learned counsel for the respondents 1 to 6 within two weeks 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 12.08.2026. 21.07.2026 LS 4/5 https://www.mhc.tn.gov.in/judis CMP(MD). No.13561 of 2025 T.V.THAMILSELVI,J LS ORDER IN CMP(MD) No.13561 of 2025 in SA(MD)No.SR60191 of 2025 Date : 21/07/2026 5/5 https://www.mhc.tn.gov.in/judis