Chinnaiyan v. Kalaiselvi

ORDER (Order of the Court was made by C.V.Karthikeyan J.) The Civil Miscellaneous Petition has been filed, seeking to condone the delay of 770 days in filing the appeal against the judgment and decree in O.S.No.21 of 2021 dated 28.04.2023 on the file of the Additional District Court, Ariyalur. The said suit in O.S.No.21 of 2021 had been filed, seeking partition and separate possession of the suit schedule properties.

¶2The present appeal had been filed by the 6 th defendant. The other defendants have not filed any appeal.

¶3It was only appropriate that the notice had been directed and notice had been served on the respondents.

¶4The Court notice had not been served on the 13 th respondent, however, private notice has been served.

¶5Taking all factors into consideration, particularly that the issues will again be heard, since it is a suit for partition, the delay of 770 days stands condoned and C.M.P.No.23409 of 2025 in AS.SR.No.147440 of 2025 is ordered.

¶6Registry is directed to number the appeal, if it is otherwise in order. (C.V.K., J.) (K.B., J.) 02-12-2025 kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.KALAISELVI D/o Ramalingam, North Street, Chettithirukkonam Village, Ariyalur

2.KANAGAM D/o Ramalingam, North Street, Chettithirukkonam Village, Ariyalur

3.KASTHURI D/o Ramalingam, North Street, Chettithirukkonam Village, Ariyalur

4.ANNAKKODI D/o Ramalingam, North Street, Chettithirukkonam Village, Ariyalur

5.RAJAMANICKAM S/o Saminathan, Chettithirukkonam Village, Ariyalur Taluk and District

6.RAJESWARI W/o Azhagappan Mannuzhi Village D/o Ariyalur Taluk and District

7.Indira Gandhi W/o Neelamegam, Kuruvadi Village, Ariyalur Taluk and District

8.PALANISAMY S/o Dhanavel (Late), Chettithirukkonam Village, Ariyalur

9.SETHU S/o Dhanavel (Late), Chettithirukkonam Village, Ariyalur

10.Asai Ambu W/o Dhanavel, Chettithirukkonam Village, Ariyalur Taluk and District

11.NALLAMMAL W/o Ganapathy Nathaveli Village, Ariyalur Taluk and District

12.KANNAKI W/o Selvam, Varanavasi Village, Ariyalur Taluk and District

13.ARIVAZHAGAN S/o Ganesan, Elari Village, Ariyalur CMPeNo.e23409eofe2025 C.V.KARTHIKEYAN,oJ. and K.KUMARESHoBABU,oJ. kak CMPoNo.o23409oofo2025 inoASoSRoNO.o147440oOFo 2025 02-12-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-12-2025 CORAM THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU AND AS SR NO. 147440 OF 2025 Chinnaiyan Appellant(s) Vs 1. Kalaiselvi D/o Ramalingam, North Street, Chettithirukkonam Village, Ariyalur 2.Kanagam D/o Ramalingam, North Street, Chettithirukkonam Village, Ariyalur 3.Kasthuri, D/o Ramalingam, North Street, Chettithirukkonam Village, Ariyalur 4.Annakkodi, D/o Ramalingam, North Street, Chettithirukkonam Village, Ariyalur 5.Rajamanickam, S/o Saminathan, Chettithirukkonam Village, Ariyalur Taluk and District 6.Rajeswari, W/o Azhagappan Mannuzhi Village Ariyalur Taluk and District 7.Indira Gandhi W/o Neelamegam, Kuruvadi Village, Ariyalur Taluk and District 8.Palanisamy S/o Dhanavel (Late), Chettithirukkonam Village, Ariyalur 9.Sethu, S/o Dhanavel (Late), Chettithirukkonam Village, Ariyalur 10.Asai Ambu W/o Dhanavel, Chettithirukkonam Village, Ariyalur Taluk and District 11.Nallammal, W/o Ganapathy Nathaveli Village, Ariyalur Taluk and District 12.Kannaki, W/o Selvam, Varanavasi Village, Ariyalur Taluk and District 13.Arivazhagan, S/o Ganesan, Elari Village, Ariyalur Respondent(s) For Appellant(s): M/s.J.Pavithra For Mr.M.Jaikumar For Respondent(s): R-1 KALAISELVI D/o Ramalingam R-2 KANAGAM D/o Ramalingam R-3 KASTHURI D/o Ramalingam R-4 ANNAKKODI D/o Ramalingam R-5 RAJAMANICKAM S/o Saminathan R-6 RAJESWARI W/o Azhagappan Mannuzhi Village D/o Ariyalur Taluk And District R-7 INDIRA GANDHI W/o Neelamegam R-8 PALANISAMY S/o Dhanavel (Late) R-9 SETHU S/o Dhanavel (Late) R-10 ASAI AMBU W/o Dhanavel R-11 NALLAMMAL W/o Ganapathy R-12 KANNAKI W/o Selvam R13 - Left Pvt Notice -------------------- Rr 1 To 6, 8 To 13 - Served R-13 ARIVAZHAGAN S/o Ganesan R7 - Delivered On 15/10/2025 (tracking Sheet Filed)