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.
CNR: HCMD010910272024
Filing Number
CMP(MD)/62885/2024
Filing Date
27-08-2024
Registration No
CMP(MD)/17249/2024
Registration Date
28-11-2024
Judge
Honourable Mr Justice P.VADAMALAI
Coram
Honourable Mr Justice P.VADAMALAI
Bench Type
Single Bench
Judicial Branch
Judicial Section
Decision Date
15th April 2026
Nature of Disposal
Contested--DISMISSED
Acts & Sections
Petitioner(s)
Varadharaj
Adv. H.JAHIR HUSSAIN
Suresh
Sridhar
Respondent(s)
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
Subbiah
Raja
Muthulakshmi
Rajamanickam
Hearing History
Judge: Honourable Mr Justice P.VADAMALAI
MISCELLANEOUS ADMISSION
MISCELLANEOUS PETITIONS
MISCELLANEOUS PETITIONS
MISCELLANEOUS PETITIONS
MISCELLANEOUS ADMISSION
| Date | Purpose |
|---|---|
| 03-12-2024 | MISCELLANEOUS ADMISSION |
| 23-01-2026 | MISCELLANEOUS PETITIONS |
| 19-01-2026 | MISCELLANEOUS PETITIONS |
| 28-02-2025 | MISCELLANEOUS PETITIONS |
| 20-01-2025 | MISCELLANEOUS ADMISSION |
Orders
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.
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.
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