CMP(MD). No.10659 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28/07/2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CMP(MD). No.10659 of 2025 in SA(MD)SR.No.89091 of 2023 Nagarajan ... Petitioner/Appellant/Appellant/1st Defendant Vs 1. Jahir Hussain 2. Nijam ... Respondents/Respondents/Respondents 1 & 2/ Plaintiff 3. Abdul Majeeth ... 3rd Respondent/3rd Respondent/3rd Respondent/2nd Defendant PRAYER :- To condone the delay of 553 days filing the above second appeal against the judgment and decree dated 10.07.2023 made in A.S.No.24 of 2022 on the file of the Subordinate Court, Keeranur by confirming the Judgment and Decree dated 22.10.2018 made in O.S.No.31 of 2012 on the file of the District Munsif Court, Keeranur. For Petitioner : Mr.S.Alagusundar For Respondents : Mr.M.Gandhirajan for R1 No Appearance for R2 1/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.10659 of 2025 ORDER This Petition is filed to condone the delay of 553 days in filing the above second appeal against the judgment and decree dated 10.07.2023 made in A.S.No.24 of 2022 on the file of the Subordinate Court, Keeranur by confirming the Judgment and Decree dated 22.10.2018 made in O.S.No.31 of 2012 on the file of the District Munsif Court, Keeranur. 2.The learned counsel for the petitioner would submit that due to his ill health, he was unable to prefer an appeal in time and hence, the delay has been occurred. 3.The learned counsel for the first respondent raised objections, stating that no proper reason was assigned for the delay. However, before the Trial Court, the respondents/plaintiffs had filed a suit for declaration and injunction, and the same was decreed. 2/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.10659 of 2025 4.In reply, the learned counsel for the petitioner submits that he has valid defences to establish his right and title. Hence, he prayed for allowing this petition. 5.In view thereof, this Court gives one more opportunity to the petitioner. Accordingly this Court is inclined to allow the said application on payment of cost of Rs.5,000/-. Accordingly, this Petition is allowed on payment of cost of Rs.5,000/- (Rupees Five Thousand only) to the learned counsel for the first respondent within a week from today. On such payment being made, the appeal is ordered to be taken on file on 13.08.2026. 28.07.2026 sji 3/4 https://www.mhc.tn.gov.in/judis CMP(MD). No.10659 of 2025 T.V.THAMILSELVI, J. sji ORDER IN CMP(MD) No.10659 of 2025 Date : 28/07/2026 4/4 https://www.mhc.tn.gov.in/judis