P.Periathambi v. P.Kaliappan

C.M.P. No.19119 of 2021 in A.S. No.495 of 2018 C.M.P. No.19119 of 2021 in A.S. No.495 of 2018 S.S.SUNDAR, J., It appears that the above appeal came up for hearing on 08.02.2021 before this Court. Since the learned counsel for the appellant in the above appeal could not appear, it seems that the appeal itself was dismissed for default. This Civil Miscellaneous Petition is filed to restore the appeal which was dismissed for default on 08.02.2021. Though the prayer is for restoration of orders, this Court is able to see that it is an inadvertent mistake. Hence, this Court is inclined to allow this petition by treating this as an application to restore the Appeal.

2. Learned counsel for the respondents is present before this Court. Though this Court has to order notice to the respondents before restoring the appeal, learned counsel appearing for the respondents has no serious objection having regard to the facts.

3. Hence, the order dated 08.02.2021, dismissing the appeal for default, is hereby set aside and the appeal in A.S. No.495 of 2018 is restored.

Post the main appeal either for orders or for reporting settlement, on 09.12.2021.

26.11.2021 bkn https://www.mhc.tn.gov.in/judis

C.M.P. No.19119 of 2021 in A.S. No.495 of 2018 S.S.SUNDAR, J., bkn C.M.P. No.19119 of 2021 in A.S. No.495 of 2018 26.11.2021 https://www.mhc.tn.gov.in/judis