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Madras High CourtA/6598/2024allowed

R.Padmavathi And 2 Others v. T.V.D. Pragaspathy And Another

2024-12-20Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2024

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE A. No.6598 of 2024 in C.S. No.391 of 2008 R.Padmavathi and two others .. Applicants vs T.V.D.Pragaspathy and another .. Respondents For applicants :

Ms.Vishanlini for M/s.Ramalingam and Associates

ORDER

There is no representation on the side of the respondents. 2.This application has been filed to restore the suit, which was dismissed for default on 27.02.2023. Earlier, the very same applicants had filed an application seeking to condone the delay of 403 days in filing the restoration application, which was dismissed for non-prosecution. 3.While allowing the said application, this Court, as a condition precedent, 1/3

had directed the applicants to pay cost of Rs.25,000/-. As directed by this Court, 2/3

ABDUL QUDDHOSE,J.

vga the cost of Rs.25,000/- has been paid as recorded in this Court's order dated 29.11.2024. Pursuant to the allowing of the condone delay application, the present application is numbered and it has been filed to restore the suit, which was dismissed for non-prosecution.

4.Since sufficient cost has already been paid by the applicants in the earlier application as stated supra and since this Court is also satisfied with the reasons contained in the affidavit filed in support of this application as sufficient cause has been shown, this application is allowed as prayed for and the suit is restored to file.

5.It is also to be noted that there is no representation on the side of the respondents. Post the matter on 07.02.2025.

20.12.2024 vga A. No.6598 of 2024 in C.S. No.391 of 2008 3/3