Jayagandhi Ammal v. Nallara Gounder (Died) 1.Andalammal

C.M.P.Nos. 9458 & 9463 of 2024 in S.A.No. 986 & 987 of 2008 C.KUMARAPPAN, J Heard both the Counsel.

2. The learned counsel for the petitioners would submit that when the matter is heard and disposed of on 18.04.2024 in S.A.Nos.986 and 987 of 2008, in the cause list, their names have not been printed. Hence, they were not in a position to appear before this Court.

3. It is their submission that the case was represented by the learned counsel Mr. Subbhaiya who has now conferred as Senior Advocate. Therefore according to petitioner counsel, the cause list ought to have contained the name of Mr.U.Venkatesan as learned counsel for the respondents. However, the another Junior Counsel one Ms. Chitra Venkatesan name was found placed in the cause list and she has left the practice long before. Thus they were not in a position to follow the list and to appear before this Court.

4. They would further submits that it is neither wilful nor wanton and also expressed their readiness to argue the matter as and when this case is posted for final hearing.

5. Though the learned counsel for the respondents had objected this petition, this Court on perusal of the records would find that, in the previous hearing, the cause list bears only the name of Ms. Chitra Venkatesan and on the previous hearing (i.e) on 18.04.2024 the order was passed in their absence. Therefore in the interest of justice, it is necessary to rehear the matter. Hence the judgement dated 18.04.2024 is ordered to be recalled and it becomes necessary to post the matter for rehearing.

6. In the result, these petitions in C.M.P.Nos. 9463 and 9458 of 2024 are allowed and the judgement dated 18.04.2024 is recalled and the matter is posted for rehearing on 06.06.2024.

30.04.2024 nsl

C. KUMARAPPAN, J nsl C.M.P.Nos. 9458 & 9463 of 2024 in S.A.No. 986 & 987 of 2008 30.04.2024