Madras High CourtA/2186/2022allowed

J.Mary v. Nil

2022-06-17Honourable Mr Justice Krishnan Ramasamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(TESTAMENTARY AND INTESTATE JURISDICTION) FRIDAY, THE 17TH DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY A.No.2186 of 2022 in O.P.No.119 of 2022 In the matter of Guardian and Wards Act, 1890 and In th matter of appointment of the Guardian of Minor J.Serbia Garlic MRS.J.MARY W/o.Late A.X.Jagadeesh Kumar, Flat No.G1, Old Door No.12/3, New No.32, Vinayagar 5th Cross Street, Rajaji Nagar, Villivakkam, Chennai - 600 049.

..Applicant/Petitioner This application praying that this Hon'ble court be pleased to Restore the O.P.No.119 of 2022, dismissed for default on 21/04/2022. This application coming on this day before this court for hearing the court made the following order:

This application has been filed to restore O.P.No.119 of 2022, dismissed for default on 21.04.2022.

2.The learned counsel for the petitioner has submitted that the Original Petition was dismissed by this Court on 21.04.2022 for not effecting paper publication. The learned counsel further submitted that since his wife is not well, he was unable to effect the paper publication. 3.The order dated 25.03.2022, passed by this Court is extracted hereunder:

''Learned counsel for the petitioner is directed to effect paper publication in one issue of ''Dhina Malar'' informing the date of hearing of the O.P. as 21.04.2022. List the matter on 21.04.2022.'' 4.Being satisfied with the reasons stated in the affidavit filed in support of the petition and also in the interest of justice to give an opportunity to the petitioner to contest the case on merits, the order dated 21.04.2022 needs to be set aside.

5.Accordingly, this petition stands allowed and OP.No.119 of 2022 is restored to file. While restoring the OP, this Court directs the petitioner to effect paper publication as ordered by this Court indicating the date of

hearing of the case before this Court i.e., on 18.07.2022. 6.Registry is directed to list the matter on 18.07.2022. Sd/.K.R.J.

17.06.2022 //Certified to be a true copy// Dated at Madras this the day of 2022. SU/24.06.2022 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.