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Madras High CourtCMP/2281/2022allowed

Boopathy v. K. Rajammal,

2022-11-29Honourable Mr Justice Krishnan Ramasamy3 pages

in S.A.Nos.192 & 193 of 2009 KRISHNAN RAMASAMY, J.

These Petitions are filed to restore S.A.Nos.192 & 193 of 2009, respectively, which was dismissed for default on 30.03.2021. 2.Learned counsel for the Petitioner submitted that since the Petitioner moved out of Chennai, due to Covid 19 pandemic situation, the Petitioner was unable to appear before this Court and to instruct his learned counsel, suitably. 3.Learned counsel for the Petitioner further submitted that Respondents 1 and 2 already passed away, the case against Respondents 3 & 4 already given up and Respondents 5 & 6 refused to receive the notice and it appears that Respondents 5 & 6 are not interested to contest the matter. 4.This Court is convinced with the submissions made by the learned counsel for the Petitioner and the reasons assigned by him in the affidavits filed in support of these Petitions. Hence, this Court is inclined to allow these Petitions.

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5.In fine, C.M.P.Nos.2281 & 2290 of 2022 are allowed and accordingly, S.A.Nos.192 & 193 of 2009 are restored to file. 6.Registry is directed to post the Appeals, for final hearing on 06.12.2022.

29.11.2022 sai 2/3

KRISHNAN RAMASAMY, J.

sai in S.A.Nos.192 & 193 of 2009 Dated: 29.11.2022 3/3