Madras High Court
CMP/28736/2026 of V.Sivamani Vs Nagammal on 16 October 2026
CMP No. 28736 of 2026 in
CRP Sr No.173802 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CMP No. 28736 of 2026 in
CRP Sr No.173802 of 2026
V.Sivamani
S/o. Vaiyapuri Kumar,
Errapatti A Jattihalli Village,
Nallam Palli, Dharmapuri Taluk
..Appellant(s)
Vs
1. Nagammal, W/o.Devaraj
Sorakkapatti, Pombidi Road,
Pappireddipatti Taluk.
2. Govindammal, W/o. Thangaraj,
Errapatti A Jattihalli Village,
Nallam Palli, Dharmapuri Taluk
3. Lakshmi, W/o. Late Kaliappan,
Errapatti A Jattihalli Village,
Nallam Palli, Dharmapuri Taluk
4. Easwari, W/o. Munusamy,
Errapatti A Jattihalli Village,
Nallam Palli, Dharmapuri Taluk
5. Nagu@ Nagammal, W/o. Murugesan
Errapatti A Jattihalli Village,
Nallam Palli, Dharmapuri Taluk
6. Sakthivel @ Rajalingam/o. Kandasamy,
Errapatti A Jattihalli Village,
Nallam Palli, Dharmapuri Taluk
7. Lakshmi, W/o. Late Harichandran,
Errapatti A Jattihalli Village,
Nallam Palli, Dharmapuri Taluk.
..Respondent(s)
CMP No. 28736 of 2026 in
CRP Sr No.173802 of 2026
Prayer in CMP No.28736 of 2026: This Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 945 days in filing the CRP against the order dated 10-11-2023 passed in I.A.NO.1/2021 in Un- numbered A.S. of 2021 on the file of the Principal Subordinate Judge, Dharmapuri.
Prayer in CRP Sr No.173802 of 2026: This Civil Revision Petition is filed under Section 115 of CPC to set aside the order dated 10-11-2023 passed in
I.A.NO.1/2021 in Un- numbered A.S. of 2021 on the file of the Principal Subordinate Judge, Dharmapuri.
For Appellant(s):
Mr.R.Vaishnan Sri
for Mr. S.Sanjay
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ORDER
This Civil Miscellaneous Petition has been filed seeking to condone the delay of 945 days in filing the civil revision petition.
2. The main civil revision petition has been filed, challenging the order passed by the first appellate court, dismissing the application filed by the petitioner seeking to condone the delay of 2311 days in filing the first appeal. the said condone delay petition was dismissed by the first appellate court on 10.11.2023 and instant civil revision petition has been filed on 30.09.2026.
CMP No. 28736 of 2026 in CRP Sr No.173802 of 2026
3. In the affidavit filed support of the instant petition to condone the delay, it was stated by the petitioner that he was undergoing a prolonged recovery on account of his health condition and during the said period, he was unable to travel outside and he was required to take adequate rest and remain at home for most of the time. It was also stated by the petitioner that he was taking Ayurvedic treatment and hence the recovery was gradual. The petitioner further stated that he was suffering from severe liver related complications following jaundice, which substantially affected his ability to attend ordinary affairs and pursue the legal proceedings.
4. The vague allegations made by the petitioner as if he was suffering from prolonged illness and hence he could not attend the legal proceedings is not acceptable. Though the averments have been made with regard to the illness affecting his liver, the petitioner has not filed any document to substantiate the same. In the absence of any acceptable material evidence to prove the alleged illness and the consequent disablement suffered by the petitioner, this court is not inclined to accept the reason given by the petitioner to condone such inordinate delay of 945 days in filing the civil revision petition.
CMP No. 28736 of 2026 in CRP Sr No.173802 of 2026
5. Accordingly, this civil miscellaneous petition is dismissed. Consequently, the civil revision petition is rejected at the SR stage itself. There shall be no order as to costs. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The Principal Subordinate Judge, Dharmapuri.
CMP No. 28736 of 2026 in CRP Sr No.173802 of 2026 S.SOUNTHAR, J. MST CMP No. 28736 of 2026 in CRP Sr No.173802 of 2026 16-10-2026