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2026 DAILYLAW 48802 (MAD)

Saraswathi, v. Ayyanar Konar,

CMP(MD)/6068/2026 · 2026-07-09

T V Thamilselvi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMP(MD). No.6068 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CMP(MD). No.6068 of 2026 in SA(MD)No.SR23278 of 2026 Saraswathi,, ... Petitioner Vs. Ayyanar Konar,, ... Respondent PRAYER:-To condone the delay of 175 days in filing the above Second Appeal. For Petitioner : Ms.Mamtha S, Advocate. For Respondent : Mr.D.Balamurugapandi, ORDER This Petition is filed to condone the delay of 175 days in filing the main second appeal. 2. The learned counsel for the petitioner would state that due to lack of communication, she was not able to follow the proceedings. Therefore, he prayed to condone the delay of 175 day to prefer the second appeal. 3. The learned counsel for the respondent raised strong objection stating that the petitioner has not assigned any sufficient cause for the delay. 1/3 https://www.mhc.tn.gov.in/judis CMP(MD). No.6068 of 2026 4. Considering the fact that, the first petitioner is aged about 60 years, due to a lack of communication, the petitioner was not able 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. Hence, this Court is inclined to allow the application. Accordingly, this Petition is allowed on payment of cost of Rs.2,000/- (Rupees Two Thousand 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 29.07.2026. 09.07.2026 LS 2/3 https://www.mhc.tn.gov.in/judis CMP(MD). No.6068 of 2026 T.V.THAMILSELVI,J LS CMP(MD). No.6068 of 2026 in SA(MD)No.SR23278 of 2026 Date : 09/07/2026 3/3 https://www.mhc.tn.gov.in/judis