Madras High Court
AS.SR/15798/2026 of Mohanraj Vs Annadurai on 1 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-10-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI
CMP No. 4713 of 2026
in
AS.Sr.No.15798 of 2026
Mohanraj
S/o. Sundarajan,
3/201, Perumal Kovil Street,
M. Chettipatti,
Omalur Taluk,
Salem District.
..Petitioner
Vs
1. Annadurai
S/o. Chinnathambi Gounder,
No.3/262, Perumal Kovil Street,
M. Chettipatti,
Omalur Taluk,
Salem District.
Chinnathambi Gounder (Died)
2. Selladurai
S/o. Chinnathambi Gounder,
M. Chettipatti,
Omalur Taluk,
Salem District.
3. Sampathkumar
S/o. Chinnathambi Gounder,
No.3/260, Perumal Kovil Street,
M. Chettipatti,
Omalur Taluk,
Salem District.
4. Sundarajan
S/o. Chinnathambi Gounder,
No.3/201, Perumal Kovil Street,
M. Chettipatti,
Omalur Taluk,
Salem District.
5. Vennila
W/o. Shanmugam,
No.16/A, Naranayanasamy Puram,
Arisipalayam,
Salem District.
6. Latha
W/o. Manickam,
Koothandi Kolathan kadu,
Katchipalli PoStreet,
Edappadi,
Salem District.
7. Senthamil Selvan
S/o. Rathina Gounder,
Perumal Kovil Street,
M. Chettipatti,
Omalur Taluk,
Salem District.
8. Dhanabakkiam
W/o. Kandasamy,
Kothampatti,
Kalpakanoor,
Attur Taluk,
Salem District.
9. Koteeswaran
S/o. Selladurai,
M. Chettipatti,
Omalur Taluk,
Salem District.
10.Parthiban
S/o. Selladurai,
No.3/261, Perumal Kovil Street,
M. Chettipatti,
Omalur Taluk,
Salem District.
11.Manojkumar
S/o. Sampathkumar,
No.3/260, Perumal Kovil Street,
M. Chettipatti,
Omalur Taluk,
Salem District.
12.Palanisamy
S/o. Thangavel,
Kattuvalaru,
M. Chettipatti,
Omalur Taluk,
Salem District.
..Respondents
Prayer in CMP.No.4713 of 2026: This Civil Miscellaneous Petition is filed under Order 41 Rule 3A of Civil Procedure Code, 1908, to condone the delay of 2527 days in filing the present Appeal.
Prayer in AS.Sr.No.15798 of 2026: This Appeal Suit is filed under Section 96
of Civil Procedure Code, 1908, to set aside the judgment and decree dated 29.11.2018 in O.S.No.235 of 2012 on the file of I-Additional District Court, Salem.
For Petitioner :
Mr.D.Nandhagopal
For Respondents :
Mr.R.Nalliappan for R1
No Appearance for R2 to R12
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ORDER
This Application is taken out under Order 41 Rule 3A CPC by the defendant no.12 to order to condone the delay of 2527 days in filing the present appeal.
2. Despite the receipt of notice and the names having been printed in the cause list, respondent no.2 to 12 neither appeared nor entered appearance through their counsel.
3. One Annadurai S/o. Defendant no.1 deceased Chinnathambi Gounder, laid a suit for the relief of partition against the defendants and the trial Court upon consideration of evidence and after hearing the arguments advanced by either side granted preliminary decree for partition of 1/6 share in the suit properties in favour of the plaintiff, while dismissing the prayer for permanent injunction.
4. The petitioner has stated that within a short span of time from the date of judgment, COVID pandamic started in the middle of 2019 and the petitioner could not contact his advocates on time and it continued till 2023. He has got more than one advocate and there were some miscommunications for obtaining the original order copy. Hence, a delay of 2527 days occurred in filing this Appeal Suit.
5. The petitioner is the son of deceased Sundarajan S/o. Chinnathambi Gounder.
6. Due to the COVID pandemic, there was a lockdown in force from 24.03.2020 onwards, which continued till the first quarter of 2022. This judgment was pronounced on 29.11.2018. Leaving the Covid pandemic period from 24.03.2020 till 28.02.2022 for the other period, the reason given by the petitioner that there were some miscommunications for obtaining the copy of the judgment cannot be taken as a sufficient cause. The petitioner lacks bonafides and therefore, this Civil Miscellaneous Petition stands dismissed. Consequently, the Appeal Suit Sr.No.15798 of 2026 is rejected at the SR stage itself. There is no order as to costs. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MAC To
1. The I-Additional District Court, Salem.
R.KALAIMATHI, J. MAC CMP.No.4713 of 2026 in AS.Sr.No.15798 of 2026 01-10-2026