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2026 Supreme(Online)(Mad) 41452

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
A.Mohamed Ali Jinnah – Appellant
Versus
Sheriffa Begum – Respondent
CMP No. 11381 of 2026|SA Sr No.45837 of 2026



Advocates:
For the Appellants/Petitioners: Mr. E.Bharathi Dasan for Mr. M.Syaid Meera

Courts may not condone an inordinate, unexplained delay in filing appeals.

Headnote:1. Statute Analysis: Second Appeal under Section 100 CPC; Condonation of Delay Petition under CPC.

Facts of the case:
The judgment and decree in the first appeal was delivered on 12.03.2013. Copy application was filed on 13.03.2013 and copies were made ready on 26.09.2013. However, the second appeal has been filed only on 01.03.2026.

Findings of Court:
The vague reason given in the affidavit filed in support of the condone delay petition is not sufficient to condone such inordinate delay of 4461 days in filing the second appeal. 2.

Issues: Whether the petitioners have made out sufficient cause for condoning the huge delay of 4461 days or not?

Ratio Decidendi: Since the petitioners have not made out sufficient cause for condoning the huge delay, this court is not inclined to entertain the petition. 3.

Result: This civil miscellaneous petition is dismissed. As a consequence, the second appeal is rejected in the SR stage itself. There shall be no order as to costs.

Table of Content
1. appeal rejected due to non-explanation of delay (Para 3)

Prayer in CMP No.11381 of 2026: This Civil Miscellaneous Petition is filed to condone the delay of 4461 days in filing this Second Appeal.

Prayer in SA Sr No.45837 of 2026: Second Appeal filed under Section 100 of CPC to set aside the decree and judgment dated 12.03.2013 made in A.S.No.76 of 2011 on the file of VI Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 12.08.2010 made in O.S.No.6256 of

2003 on the file of II Assistant Judge, City Civil Court, Chennai with costs.

For Appellant(s): Mr. E.Bharathi Dasan for Mr. M.Syaid Meera

ORDER

This civil miscellaneous petition has been filed to condone the delay of

4461 days in filing the second appeal.

2. It is seen from the typed set of papers that the judgment and decree in the first appeal was delivered on 12.03.2013 and copy application was filed on 13.03.2013 and the copies were made ready on 26.09.2013. However, the second appeal has been filed only on 01.03.2026. In the affidavit in support of the condone delay petition, it was simply stated by the petitioners that they got opinion from the advocate at Chennai to prefer the second appeal and immediately, they preferred the second appeal. The vague reason given 0in the affidavit filed in support of the condone delay petition is not sufficient to condone such inordinate delay of 4461 days in filing the second appeal. Since the petitioners have not made out sufficient cause for condoning such the huge delay, this court is not inclined to entertain the petition.

3. Accordingly, this civil miscellaneous petition is dismissed. As a consequence, the second appeal is rejected in the SR stage itself. There shall be no order as to costs.

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