M.Radha Rukmani … vs G.Murugesan …
2025 Latest Caselaw 557 Mad

Madras High Court

M.Radha Rukmani … vs G.Murugesan … on 5 June, 2025

                                                                      CMP.No.4624 of 2025 in SA.SR.No.1737 of 2024
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 05.06.2025

                                                            CORAM:

                                   THE HONOURABLE Mrs.JUSTICE R.KALAIMATHI

                                                CMP.No.4624 of 2024
                                                         in
                                               S.A.SR.No.1737 of 2024

                  M.Radha Rukmani                                                         … Petitioner


                                                                vs.

                  G.Murugesan                                                            … Respondent


                  Prayer in CMP.No.4624 of 2024.: This Civil Miscellaneous Petition is filed
                  under Section 5 of Limitation Act, to condone the delay of 2870 days in
                  filing the above second appeal.

                  Prayer in SA.SR.No.1737 of 2024 : This Second appeal is filed under
                  Order 100 of C.P.C., against the judgment and decree in A.S.No.49 of
                  2014, dated 16.11.2015 on the file of Subordinate Court, Dharmapuri,
                  confirming the judgment and decree in O.S.No.247 of 2011 dated
                  30.07.2014 on the file of the District Munsif Court, Dharmapuri.



                                   For Petitioner       :     Mr.L.Palanimuthu


                                   For Respondent       :    Mr.S.Arokia Maniraj




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                                                                      CMP.No.4624 of 2025 in SA.SR.No.1737 of 2024

                                                         JUDGMENT

C.M.P.No.4624 of 2024 has been filed to condone the delay of 2870

days in filing the above second appeal.

2. S.A.SR.No.1737 of 2024 has been preferred by the plaintiff

against the Judgment and Decree dated 16.11.2015 in A.S.No.49 of 2014

on the file of the Subordinate Court, Dharmapuri confirming the Judgment

and Decree dated 30.07.2014 in O.S.No.247 of 2011 on the file of the

District Munsif Court, Dhamapuri.

3. Heard the learned counsel for the petitioner and the learned

counsel for the respondent.

4. The petitioner who is the plaintiff in the suit, suffered the order of

dismissal by the Trial Court as well as the First Appellate Court.

5. The relief sought for in the suit is for specific performance and

the Trial Court ordered to repay a sum of Rs.25,000/- to the plaintiff which

is borrowed by the defendant from the plaintiff on 03.03.2010.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 01:58:11 pm ) CMP.No.4624 of 2025 in SA.SR.No.1737 of 2024

6. This application has been filed to condone the delay of 2870 days

in filing the second appeal. Reasons for the delay is stated that in the

month of October 2023 only she came to know that the appeal filed by her

in O.S.No.247 of 2011 was dismissed.

6. The First Appeal in fact has been dismissed on 16.11.2015.

7. The learned counsel for the respondent strenuously argued that

the delay is very inordinate and sufficient cause for the delay is not

mentioned in the affidavit.

8. Certainly, the delay is so huge and after thorough perusal of the

affidavit, this Court finds that the reasons stated above are not sufficient,

the petitioner lacks bonafides. Hence, this civil miscellaneous petition is

dismissed and the second appeal is also rejected in SR Stage.

05.06.2025 Index : Yes/No Speaking / Non-speaking order kkd To

1. The Subordinate Court, Dharmapuri.

2. The District Munsif Court, Dharmapuri.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 13/06/2025 01:58:11 pm ) CMP.No.4624 of 2025 in SA.SR.No.1737 of 2024

R.KALAIMATHI, J., kkd

05.06.2025

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