Packiaraj v. Shajakhan
CMP NO. 13052 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2025
CORAM
THE HONOURABLE MR JUSTICE A.A.NAKKIRAN CMP NO. 13052 of 2024 AND SA NO. 329 OF 2022 PACKIARAJ S/o Kannan Res at Paramanatham Village, Sankarapuram Tk, Kallakurichi Dt and another Appellant(s) Vs SHAJAKHAN S/o. Mohammed Ali, Residing at Moorarpalayam Village, Sankarapuram Taluk, Kallakurichi District and another Respondent(s) Prayer: To set aside the order of dismissal for default dated 18.04.2025 in SA.No. of 2022 and restore the SA.No.329 of 2022 For Petitioner(s): Mr.S.N.Subramani For Respondent(s): Mr.C.Samivel for R1
ORDER
This miscellaneous petition is filed to set aside the order dismissing the S.A.No.329 of 2022 for default on 18.04.2024 and to restore the Second Appeal to the file of this Court.
2. Learned counsel for the petitioner submitted that on account of sudden demise of wife of the senior counsel of the counsel for the petitioner, the petitioner's counsel went to attend the funeral and inspite of informing the said fact to the court on 18.04.2024, on which date, the case was posted under the caption 'for dismissal', this court rejected his request and dismissed the second appeal. He further submitted that non appearance of the counsel is neither wilful nor wanton, but due to the above said reason. Thus, he prayed for restoration of second appeal.
3. Learned counsel for the 1st respondent has no objection for allowing this petition.
4. On being satisfied with the reasons stated in the accompanying affidavit filed in support of this petition and in view of no objection expressed by the learned counsel for the 1st respondent, this petition is allowed as prayed for. The Second Appeal is restored to file.
5. The Registry is directed to post the second appeal on 10.06.2025 for arguments. 15-04-2025 To
1. The Addl. Sub Court, Kallakurichi.
2. The Principal District Munsif, Civil Judge (Junior Division), Villupuram A.A.NAKKIRAN msr
CMP NO. 13052 of 2024 AND SA NO. 329 OF 2022 15.04.2025