Sampoornammal v. Samrajammal

CMP.Nos.10356 & 10376/2022 in SA.Nos.485 & 486/1999 C.V.KARTHIKEYAN, J., The above Second Appeals had been dismissed for non prosecution on 24.02.2021. On that particular date, in the cause list, the names of the learned counsel who actually appeared for the appellants had not been printed and the erstwhile names of the counsel had been printed. Pointing to the fact that learned counsel did not appear and taking umbrage at non appearance, the learned Single Judge had dismissed the Second Appeals for non prosecution, taking into consideration that Appeals were of the year 1999, and that the same had been filed nearly more than 2 decades back.

2.Heard the learned counsels for the petitioners and the learned counsel for the respondents.

3.Registry to put up a Note as to whether the Second Appeals had been admitted or not. At any rate, since opportunity must be granted for the party to advance arguments, as they have travelled a long way from the Trial Court, I would restore the Second Appeals.

4.Hence, the Miscellaneous Petitions are allowed and the Second Appeals are restored.

22.07.2022 [1/2] AP Internet : Yes https://www.mhc.tn.gov.in/judis