Madras High Court
CMP(MD)/9298/2026 of K. Muniyandi Vs Arasi (Died), 1.Parameswari on 16 September 2026
C.M.P.(MD)No.9298 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2026
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MRS.JUSTICE M.D.SUMATHI
CMP(MD) NO. 9298 of 2026
{CNR: HCMD010226552023}
Case QR
IN
AS(MD) SR NO. 14216 OF 2023
1.K.Muniyandi
2.Mahagandhi
... Petitioners
Vs.
Arasi (Died)
1.Parameswari
2.Saraswathi
3.Muthulakshmi
4.Backialakshmi
5.Muniammal
... Respondents
Prayer in C.M.P.(MD)No.9298 of 2026 : Miscellaneous Petition is filed Under Section 5 of the Limitation Act, to condone the delay of 88 days in filing the above Appeal Suit.
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C.M.P.(MD)No.9298 of 2026
Prayer in A.S.(MD) SR. No.14216 of 2023: Appeal Suit is filed under Order XLI Rule 1 r/w. Section 96 of the Civil Procedure Code, to set aside the final decree and judgment dated 19.07.2022 passed in
I.A.No.93 of 2018 in O.S.No.6 of 2011 on the file of the Additional District and Sessions Court, Theni at Periyakulam by allowing this appeal and thereby dismissing the application with cost.
For Petitioners
: Mr.A.N.Ramanathan
For Respondents Mr.S.Srinivasa Ragavan
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ORDER
(By G.R.Swaminathan, J.) The defendants in O.S.No.6 of 2011 on the file of Additional District and Sessions Court, Theni at Periyakulam are the appellants herein.
2. The parties before us are the children of one Karuppaiah and Arasi (first plaintiff). It was a suit for partition. Preliminary decree was passed on 06.02.2017. The plaintiffs were allotted 5/7th share and the defendants were alotted 2/7th share in all the suit items except item Nos.6, 11 and 12. In the said three items, while the plaintiffs were given
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C.M.P.(MD)No.9298 of 2026 5/14th share, the defendants were given 9/14th share. The plaintiffs took out I.A.No.93 of 2018 for passing final decree. Final decree was passed on 19.07.2022. To execute to the same, E.P.No.3 of 2020 was filed. An advocate commissioner was appointed and delivery was also taken on 28.04.2026. The EP itself was terminated on 28.04.2026 and full satisfaction has also been recorded. At this stage, this petition is filed for condoning the delay in filing the appeal.
3. It is true that the appeal was filed only with a nominal delay of 88 days. But then, there was a delay of more than 1000 days in representing the appeal papers. In matters relating to condonation of delay, this Court adopts a rather liberal and indulgent attitude. But in the present case, we are not able to adopt the same approach. This is primarily for the reason that the EP has been terminated. It has also not been shown that any injustice was done to the petitioners/appellants herein. If the delay is condoned, matters that have attained finality would be needlessly unsettled and reopened. As already mentioned, the final decree was passed on 19.07.2022. We are now in September, 2026. It would not be appropriate to condone the delay at this point of time.
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C.M.P.(MD)No.9298 of 2026 Sufficient cause for condonation has not been shown. Hence, this civil miscellaneous petition is dismissed. Consequently, connected A.S.(MD) SR. No.14216 of 2023 is also dismissed as the SR stage itself. No costs. (G.R.S. J.,) & (M.D.S. J.,) 16.09.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To: The Additional District and Sessions Court, Theni at Periyakulam.
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C.M.P.(MD)No.9298 of 2026
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C.M.P.(MD)No.9298 of 2026 G.R.SWAMINATHAN, J. and M.D.SUMATHI
, J.
ias C.M.P.(MD)No.9298 of 2026 in A.S.(MD) SR. No.14216 of 2023
16.09.2026
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