Madras High Court
CMP/9248/2023 of THE SECRETARY Vs R.S.SIVAKUMARAN on 8 October 2026
CMP No. 9248 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI
CMP No. 9248 of 2023
in A.S.SR.No.49296 of 2023
The Secretary
Pachaiappas Education Trust, Kilpauk,
Chennai 600 010
..Appellant(s)
Vs
1. R.S.Sivakumaran
S/o Late Ramasubramanian, Old No.50, New No.68, Ellamuthu Amman Koil St, St.Thomas Mount, Chennai. S.Chokkammal (Died)
2. R.S.Arularasan
S/o Late Ramasubramanian, New No.14-A-5, Thevar St, Vilivakkam, chennai 600 049
3. R.S.Manivasagam
S/o Late Ramasubramanian, No.6/11,
Lakshmiammai St, Ayyavu Naidu, Colony,
Arumbakkam, Chennai 600 106
4. J.Senthamizhselvi
W/o Jayapal, No.32/9, Third Main Rd,
Rothnapuri, Koyambedu, Chennai 600 117
..Respondent(s)
Prayer: Civil Miscellaneous Petition is filed under Order 41 Rule 3A of CPC, praying to condone the delay of 2457 days in filing the above First Appeal against the order passed in OS.No. 3493 of 2013 dated 12.04.2016 by the Honble XVI Additional City Civil Court, Chennai For Appellant(s):
Mr.M.Krishnamoorthy
For Respondent(s):
Mr.S.Rajasekar
For R1
R2 to R4 – No appearance
CMP No. 9248 of 2023
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ORDER
Civil Miscellaneous Petition is taken out by the fifth defendant to condone the delay of 2457 days in filing the First Appeal against the Judgment and Decree dated 12.04.2016 passed in O.S. No. 3493 of 2013, by the XVI Additional City Civil Court, Chennai.
2. Heard the learned counsel for the petitioner/fifth defendant and the learned counsel for the respondent no. 1.
3. Despite the receipt of notice, the respondents no. 2 to 4 neither appeared nor entered appearance through their counsels.
4. The defendant, who is the Secretary of fifth defendant Trust, has averred that the Trust came to know about the judgment and decree passed in the aforesaid Original Suit dated 12.04.2016 only when construction was made by the respondents upon the suit schedule property. It has been further averred that the petitioner Trust had applied for a copy application before the Administrator General and Official Trustee and thus a delay of 2457 days occurred in filing the First Appeal. The Judgment has been passed on 12.04.2016. In which month the petitioner noted about the construction that is being made upon the property has not been stated and on what date copy application was filed before Administrator General and Official Trustee has also not been given. After six years and seven months, this application has been filed.
CMP No. 9248 of 2023
5. In the said circumstances, the reasons stated as mentioned supra cannot be considered as sufficient cause to condone a long period of 2457 days. The petitioner was not vigilant in pursuing the issue, and for the said reasons, this petition stands dismissed. No costs. 08-10-2026 MPA To The Section Officer, VR Section, High Court, Madras.
CMP No. 9248 of 2023
R.KALAIMATHI, J. MPA CMP No. 9248 of 2023 in A.S.SR.No.49296 of 2023 08-10-2026