Varadharaj vs Sayala — CMP(MD)/17249/2024

Case under U/s Sec 5 of Limitation Act Section 1688. Disposed: Contested--DISMISSED on 15th April 2026.

Case disposed

CNR: HCMD010910272024

Filing Number

CMP(MD)/62885/2024

Filing Date

27-Aug-2024

Registration No

CMP(MD)/17249/2024

Registration Date

28-Nov-2024

Judge

Honourable Mr Justice P.vadamalai

Coram

Honourable Mr Justice P.vadamalai

Bench Type

Single Bench

Judicial Branch

Judicial Section

Decision Date

15-Apr-2026

Nature of Disposal

Contested--DISMISSED

Last updated 22-May-2026

Acts & Sections

U/s Sec 5 of Limitation Act Section 1688

Petitioner(s)

  1. 1.Varadharaj

    Adv. H.JAHIR HUSSAIN

  2. 2.Suresh

  3. 3.Sridhar

Respondent(s)

  1. 1.Sayala

    Adv. FOR R1, R5 SR.10361 DT.04.03.2025,M/S.B.AZHAGESH,V.KARTHICK RAJ,S.PACKIYA MUTHU FOR R2 TO R4,COUNTER AFFIDAVIT FILED DT 22/01/2026 USR2954 1123

  2. 2.Subbiah

  3. 3.Raja

  4. 4.Muthulakshmi

  5. 5.Rajamanickam

Case History

  1. Case disposedDisposed

  2. 15-Apr-2026

    Honourable Mr Justice P.vadamalaiView PDF

    The Madurai Bench of Madras High Court dismissed the Civil Miscellaneous Petition seeking condonation of 1219 days delay in filing a second appeal in a partition suit. The court found the petitioners' explanation—that their advocate's clerk lost the case bundle in 2019 and only traced it in 2024—highly improbable and insufficient, especially since no supporting affidavit was filed. The court also noted the petitioners' unclean hands in the proceeding, as they had falsely represented that a second appeal was already pending before finally filing the petition in 2024, thereby rejecting both the delay condonation petition and the second appeal itself. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 28-Jan-2026

    Honourable Mr Justice K.murali ShankarView PDF

  4. 23-Jan-2026

    Miscellaneous Petitions

    Honourable Mr Justice K.murali Shankar

  5. 19-Jan-2026

    Miscellaneous Petitions

    Honourable Mr Justice K.murali Shankar

  6. 28-Feb-2025

    Miscellaneous Petitions

    Honourable Mr Justice Krishnan Ramasamy

  7. 20-Jan-2025

    Miscellaneous Admission

    Honourable Mr Justice Krishnan Ramasamy

  8. 03-Dec-2024

    First hearing

    Initial hearing scheduled

  9. 27-Aug-2024

    Case filed

    Registration No. CMP(MD)/17249/2024

casestatus.in Summary

The Madurai Bench of Madras High Court dismissed the Civil Miscellaneous Petition seeking condonation of 1219 days delay in filing a second appeal in a partition suit. The court found the petitioners' explanation—that their advocate's clerk lost the case bundle in 2019 and only traced it in 2024—highly improbable and insufficient, especially since no supporting affidavit was filed. The court also noted the petitioners' unclean hands in the proceeding, as they had falsely represented that a second appeal was already pending before finally filing the petition in 2024, thereby rejecting both the delay condonation petition and the second appeal itself. This case analysis is maintained by casestatus.in based on publicly available court records.

Explore other courts

District Courts Supreme Court
Search Another Case