R. Thillai Govindan v. R. Sujatha

C.M.P.No.13069 of 2023 in C.M.A.No.21 of 2012 KRISHNAN RAMASAMY.J., This Application has been filed seeking to restore the CMA.No.21 of 2012, which was dismissed for default on 21.11.2022 and decide the case on merit.

2.Learned counsel appearing for the petitioner would submit that subsequent to the dismissal of the above CMA, the petitioner filed a petition to condone the delay of 20 days in filing the petition for restoring the above appeal and the same was allowed on 21.06.2023. Thereafter, this petition is filed seeking to restore the above CMA.

3.None appeared on behalf of the 2nd respondent. However, when the petition for condonation of delay was taken up for hearing, learned counsel for the 2nd respondent appeared and submitted no objection for allowing the condone delay petition.

4.Considering the submissions made by the learned counsel appearing for the petitioner and being satisfied with the reasons stated by the petitioner in the affidavit filed in support of this petition, this Court is inclined to allow the present petition.

https://www.mhc.tn.gov.in/judis

KRISHNAN RAMASAMY.J., rst 5.Accordingly, this petition is ordered as prayed for. 6.Post the C.M.A.No.21 of 2012, for arguments on 18.07.2023. 05.07.2023 rst C.M.P.No.13069 of 2023 in C.M.A.No.21 of 2012 https://www.mhc.tn.gov.in/judis