Shanmugavelli v. R. Panchavarnam

C.M.P.Nos.12402, 12396 of 2021 & in O.S.A.Nos.78 & 80 of 2019 M.DURAISWAMY, J.

and SUNDER MOHAN, J.

(Order of the Court was made by M.Duraiswamy,J.) The petitioner/appellant has filed the above petitions seeking to set aside the order passed on 23.04.2021 dismissing the Original Side Appeals for non-prosecution and to restore the appeals in O.S.A.Nos.78 & 80 of 2019.

2.In the affidavits filed in support of the petitions, the appellant has narrated the reasons for their non-appearance on 17.04.2021 and 23.04.2021.

3.The learned counsel for the respondents submitted that the reasons stated by the petitioner/appellant in the affidavits filed in support of the petitions for restoring the appeals are bereft of details, hence, the petitions are liable to be dismissed.

4.However, we are satisfied with the reasons stated in paragraph nos.3 & 4 of the affidavits filed in support of the petitions and in the interest of justice, the petitions are allowed. The Original Side Appeals in O.S.A.Nos.78 & 80 of 2019 are restored to file.

5.Post the above Original Side Appeals for final hearing on 19.09.2022.

[M.D.,J.] [S.M.,J.] va 07.09.2022 https://www.mhc.tn.gov.in/judis