K.Karpagam @ Karpagavaali v. S.Rathinavelammal

BEFOREoTHEoMADURAIoBENCHoOFoMADRASoHIGHoCOURT DATEDo:o03.07.2026 CORAM: THEoHONOURABLEoMR.JUSTICEoA.D.JAGADISHoCHANDIRA and THEoHONOURABLEoMRS.JUSTICEoT.V.THAMILSELVI C.M.P(MD)Nos.1845oofo2026o&o19959oofo2025 in A.S(MD)SRoNos.9878oofo2026o&o83795oofo2025 C.M.P(MD)No.1845oofo2026:

1.K.Karpagamo@oKarpagavalli S.Nagammalo(Died) S.Neelamanikandano(Died)

2.Mariselvi

3.Sathyapriya

4.Karuppasamy ...oPetitionerso/ ooo ooooAppellants Vs.

1.S.Rathinavelammal

2.S.Mariappan PageoNo.1oofo6

3.M.Arumugam

4.J.Ranjith ... Respondents / Respondents Prayer: To condone the delay of 1284 days in filing the above first appeal as against the fair order and final decree dated 13.04.2022 in I.A.No.241 of 2017 in O.S.No.66 of 2011 on the file of the Principal District Court, Tirunelveli. (Cause title accepted vide order of this Court dated 05.02.2026 made in C.M.P(MD)No.1319 of 2026) For Petitioners : Mr.V.Meenakshi Sundaram, for Mr.T.Antony Arulraj For Respondents : Mr.M.Ponnaiah for R.1 C.M.P(MD)No.19959 of 2025: K.Karpagam @ Karpagavalli ... Petitioner /

Appellant Vs. S.Nagammal (Died)

1.S.Rathinavelammal S.Neelamanikandan (Died)

2.S.Mariappan Page No.2 of 6

3.M.Arumugam

4.J.Ranjith

5.Mariselvi

6.Sathyapriya

7.Minor Karuppasamy (R7 is minor represented by his natural guardian and mother 5th respondent herein) (R.5 to R.7 are legal heirs of the deceased Neelamanikandan) ... Respondents / Respondents Prayer: To condone the delay of 3116 days in filing the above first appeal as against the judgment and decree dated 15.12.2016 made in O.S.No.66 of 2011 on the file of the Principal District Court, Tirunelveli. (Cause title accepted vide order of this Court dated 26.11.2025 made in C.M.P(MD)No.19008 of 2025) For Petitioners : Mr.V.Meenakshi Sundaram, for Mr.T.Antony Arulraj For Respondents : Mr.M.Ponnaiah for R.1 COMMON ORDER [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] When the matter is taken up for hearing, V.Meenakshi Sundaram, learned counsel appearing for the petitioners would submit that Page No.3 of 6 CMP(MD)No.19959 of 2025 in AS(MD)SR.No.83795 of 2025 is an appeal filed against the preliminary decree with the delay of 3116 days. He would submit that he has got written instructions from the parties that they are not pressing the appeal in respect of the preliminary decree and hence, he seeks permission of this Court to withdraw the CMP(MD) No.19959 of 2025 in AS(MD)SR.No.83795 of 2025 and he has also made an endorsement to that effect.

¶2In view of the above submission and endorsement made, CMP(MD)No.19959 of 2025 in AS(MD)SR.No.83795 of 2025 is dismissed as withdrawn. Consequently, AS(MD)SR.No.83795 of 2025 is rejected at the SR stage itself.

4.The CMP(MD)No.1845 of 2026 in AS(MD)SR.No.9878 of 2025 is filed to condone the delay of 1284 days in filing the above appeal.

¶5Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay, this Court is inclined to condone the delay, subject to the payment of cost of Page No.4 of 6 Rs.2,000/- (Rupees Two Thousand only) to the counsel for the first respondent, within a period of one week from the date of receipt of a copy of this order, failing which, this petition shall stand dismissed automatically, without any further reference to this Court.

¶6The petition in CMP(MD)No.1845 of 2026 in AS(MD)SR.No.9878 of 2025 is accordingly ordered. [A.D.J.C., J.] [T.V.T.S., J.]

03.07.2026

Index : Yes / No rm Page No.5 of 6

A.D.JAGADISH CHANDIRA, J. AND

T.V.THAMILSELVI, J. rm in A.S(MD)SR Nos.9878 of 2026 & 83795 of 2025 DATED : 03.07.2026 Page No.6 of 6