Madras High Court

OSA.SR/94362/2022 of Radhika Vs S.S.Sivachakravarthy on 13 October 2026

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CMP No. 22192 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2026

CORAM

THE HON'BLE MR JUSTICE N. SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE GK.MUTHUKUMAAR

CMP No. 22192 of 2023

AND

OSA SR NO. 94362 OF 2022

CNR:{HCMA011368912022}

Radhika

..Appellant(s)

Vs

1. S.S.Sivachakravarthy

2. W.S.Sarojini Ammal

3. W.S.Siva Rani

4. W.G.Kalyanasundaram

5. M/s.S.V.S.Oil Mills

Rep by its Partner S.V.Chandrapandian,

No.8/12, T.H.Rd, Chennai 600 019

6. K.Punithavathi

7. D.Venkatesan

8. G.Chellapan

9. W.G.Sulochalan Ammal (Deceased)

10.W.G.Pankajavalli

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CMP No. 22192 of 2023

11.W.G.Vijayakumari

12.W.G.Devaranjini

13.W.G.Devamanohari

14.V.Srinivasan

15.Prasanth

16.N.Ramalingam

17.Rajeswari

18.Deivanayagam @ Deivanayaki

19.Umasankaran

20.Rukmaniammal

21.Chandran

22.Jijibai

23.Geetha

24.Padmini @ Sathyabhama

25.Rajasekaran

26.S.Saroja

27.W.S.Raja

28.W.S.Kumar

29.Kalpana

30.Latha

31.Anitha

32.W.S.Jothi

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CMP No. 22192 of 2023

33.W.S.Ravichandran

34.J.Mohana Santhi

35.B.Jamuna

36.S.Mahalakshmi

37.B.Rathinamala

38.M.L.Jagadeesan

39.J.Saravana Kumar

40.J.Arunkumar

41.M.Jaya Shankar & Babu

42.M.Jayakanth

43.S.Pramila

44.Mala @ Nirmala

45.C.Chandrasekaran

46.C.Sethuraman

47.C.Gunabhooshani

48.C.Vijayalakshmi

49.C.Leelvathy

50.C.Hemalatha

51.C.Anandhi

52.D.Sridharan

53.V. Veerammal @ Vimala

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CMP No. 22192 of 2023

54.Pushpaveni

55.K. Samundeeswari

56.P. Venkatachalapathy

57.R. Ranjani

58.W.R. Kuppuraj

59.J. Mohana Sundari

60.B. Kalaivani

61.V. Nirmala

62.R. Revathi

63.W.S. Suguna

64.T D Hemalatha

65.T D Suresh Babu

66.S Shanmugapriyan

67.S. Kannagi

68.W.S.Elango

69.W.S.Shantakumar

70.C.Malarvizhi

71.D.Kalyani

72.W.S.Suresh

..Respondent(s)

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CMP No. 22192 of 2023

CMP No. 22192 of 2023

Civil Miscellaneous Petition filed under Order XIV Rule 8 of the Original Side Rules r/w. Section 151 of the Code of Civil Procedure to condone the delay of 2937 days in filing the OSA against the Judgment and Decree dated 30.10.2014 passed by the Single Judge of this Court in Tr.C.S.No.243 of 2003.

OSA SR NO. 94362 OF 2022

Original Side Appeal filed under Order XXXVI Rule 1 of the Original Side Rules r/w. Clause 15 of the Letters Patent to set aside the Judgment and Decree dated 30.10.2014 passed by the Single Judge of this Court in Tr.C.S.No.243 of 2003 and dismiss the suit with exemplary cost of this appellant.

CMP No. 22192 of 2023

For Appellant(s):

Mr.R.Karunagaran

For Respondent(s):

Mr.S.Jaganathan

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ORDER

(Order of the Court was made by N.Sathish Kumar J.) This petition has been filed to condone the delay of 2937 days in filing the above Appeal against the judgment and decree, dated 30.10.2014, passed by the learned Single Judge of this Court in Tr.C.S.No.243 of 2003.

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CMP No. 22192 of 2023

2. The suit is for partition and a preliminary decree has been passed. The reason assigned in the affidavit filed in support of the petition for the huge delay is that the petitioner was suffering from Corona and she was admitted in the hospital. Only thereafter, she obtained the certified copy of the judgment and decree and has filed the above Appeal. Hence, the delay had occurred.

3. It is relevant to note that, unless sufficient cause is shown, as a matter of right, delay cannot be condoned. No doubt, Courts would normally take a liberal approach in the matter of condonation of delay, provided the reasons assigned by the parties should be true and justifiable and there must be sufficient cause. On a perusal of the entire affidavit, even assuming that the petitioner has suffered some incapacity due to corona, the fact remains that the impugned judgment and decree was passed as early as on 30.10.2014 and the corona pandemic set in only in the year 2020. Even then, during the period of six years, the petitioner has not taken any steps to file an Appeal. Absolutely, there is no pleading in this regard. Therefore, we are not inclined to condone such a huge delay. Further, it is also brought to our notice that the connected Appeals filed as against the same judgment and decree in O.S.A.Nos.98 of 2015 and 99 of 2020 have already been dismissed by the Division Bench of this Court by a common judgment dated 06.04.2026.

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CMP No. 22192 of 2023

4. Hence, we do not find any merit in this petition. Accordingly, this petition is dismissed. Consequently, O.S.A.SR No. 94362 of 2022 stands rejected. (N.S.K.,J.) (G.K.M.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MKN

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CMP No. 22192 of 2023

N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. MKN CMP No. 22192 of 2023 AND OSA SR NO. 94362 OF 2022 13-10-2026

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