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2026 DAILYLAW 28340 (MAD)

Dennison (Died) Charles v. John Kennedy

CMP(MD)/5019/2026 · 2026-06-01

P B Balaji

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP(MD). No.5019 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/06/2026 CORAM THE HONOURABLE MR. JUSTICE P.B. BALAJI CMP(MD). No.5019 of 2026 in SA(MD).SR.No.1137 of 2021 Dennison (Died) Charles ... Petitioner Vs 1. John Kennedy 2. Elsiar 3. Minister (Respondents 2 and 3 are given up) ... Respondents PRAYER :- To condone the delay of 1487 days caused in representing the papers in S.A.(MD) SR. No. 1137/2021 and to pass such further orders and thus render justice. For Petitioner : B.Brijesh Kishore, For Respondent No.1: Mr.G. Ramprakash, ORDER This petition has been filed to condone the delay of 1,487 days in representing the papers in the above Second Appeal. 2. Mr. M.P. Senthil, learned counsel appearing on behalf of the first respondent, has filed a detailed counter affidavit and sought dismissal of the application, contending that the delay of 1,487 days in 1/2 https://www.mhc.tn.gov.in/judis CMP(MD). No.5019 of 2026 representing the Second Appeal has not been properly and satisfactorily explained. 3. The learned counsel appearing for the petitioner/appellant has taken me through the reasons set out in the affidavit filed in support of the application and has, more specifically, pointed out that the delay had occasioned only on account of the papers being misplaced when the counsel had shifted his office. The said factum of the counsel for the petitioner having shifted his office is not seriously disputed even in the detailed counter affidavit filed by the respondent. 4. In view of the above, I am inclined to allow the condone delay application in order to enable the petitioner to canvass his case in the Second Appeal on merits. However, to compensate for the delay caused, the delay shall be condoned on payment of costs of Rs.2,000/- (Rupees Two Thousand only) to the counsel for the first respondent within a week from today. Post on 08.06.2026 for reporting compliance. The interim order already granted shall continue till then. 01.06.2026 TRP 2/2 https://www.mhc.tn.gov.in/judis