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2026 DAILYLAW 52892 (MAD)

A.Balasubramanian, v. V.Dhenammal,

CMP(MD)/2635/2026 · 2026-07-17

T V Thamilselvi

Transfer Petitionbody2026

Judgment text

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C.M.P(MD) No.2635 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.07.2026 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI C.M.P(MD)No.2635 of 2026 in SA(MD)SRNo.108656 of 2026 1. A.Balasubramanian ... Petitioner(s) - Vs. - 1. V.Dhenammal 2.V.Rajasujatha 3.V.Bhavani 4.V.Rajasumathi 5.V.Vijayaselvam M.Andiappan (Died) ... Respondent(s) Prayer: To condone the delay of 1040 days in filing the above Second Appeal in S.A.(MD).SR.No.108656 of 2025 and thus render justice. For Appellant : Mr.P.Pandia Rajan ORDER The learned counsel appearing for the respondent raised strong 1/3 https://www.mhc.tn.gov.in/judis C.M.P(MD) No.2635 of 2026 objections, contending that the petitioner had come forward with the present application to condone the delay only after the filing of the final decree application. 2.In fact, all these years, the appellant has been in exclusive enjoyment of the property, whereas the plaintiffs, being the legal heirs of the deceased Velraj, the appellant's brother, have been deprived of the enjoyment of the property. 3.It is a suit for partition, to avoid further complications, this Court is inclined to allow the said application on payment of cost of Rs.3,000/-. Accordingly, this Petition is allowed on payment of cost of Rs.3,000/- (Rupees Three Thousand only) to the learned counsel for the respondent within a week from today. On such payment being made, the appeal is ordered to be taken on file on 27.07.2026. In the meantime, both parties are directed to appear before this Court on 27.07.2026 without fail. 17.07.2026 Ns 2/3 https://www.mhc.tn.gov.in/judis C.M.P(MD) No.2635 of 2026 T.V.THAMILSELVI,J. Ns C.M.P(MD)No.2635 of 2026 in SA(MD)SRNo.108656 of 2026 17.07.2026 3/3 https://www.mhc.tn.gov.in/judis