S.Jamaludheen v. Mansoor Ali Khan

CMP.No.4940 of 2022 in S.A.No.501 of 2020 S.SOUNTHAR, J The petition is filed seeking to restore the second appeal which was dismissed for default on 25.01.2021. The CMP was listed for hearing on 31.10.2023. On that day the learned counsel appearing for the petitioner requested adjournment and hence, it was adjourned to 08.11.2023. On 08.11.2023 the matter was adjourned to 22.11.2023. On 22.11.2023, the learned counsel appearing for the petitioner was not ready and at his request, adjourned to 29.11.2023. When the matter was listed on 29.11.2023, even on that day, the learned counsel for the petitioner was not ready and requested adjournment. Therefore, considering the previous adjournments, this Court finally posted the matter on 06.12.2023 under the caption for dismissal, just to give another opportunity to the petitioner.

Today, the matter is listed under the caption for dismissal. When the matter was called in the forenoon at the request of the petitioner, the matter was passed over. The matter is again called in the afternoon, the learned counsel appearing for the petitioner submitted that he is not ready to get along with the matter. Since the petitioner is not ready to argue the matter, inspite of several adjournments, the Civil Miscellaneous Petition is dismissed for default.

07.12.2023 ub 1/2

S.SOUNTHAR, J.

ub CMP.No.4940 of 2022 in S.A.No.501 of 2020 07.12.2023 2/2

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