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Madras High CourtCMP/22562/2019allowed with costs

Ethiraj (Died) v. E.Jayagopal

2024-07-02Honourable Mr Justice Battu Devanand3 pages

C.M.P.No.22562 of 2019 in C.R.P.No.1655 of 2009 BATTU DEVANAND, J This civil Miscellaneous Petition has been filed to condone the delay of 320 days in filing the petition to restore the C.R.P.(NPD).No.1655 of 2009 which was dismissed for non-prosecution on 22.06.2018.

2. Heard the learned counsel for the petitioners.

3. The learned counsel for the respondents vehemently opposed to condone the delay of 320 days in filing the Restoration Petition.

4. Having heard the learned counsels appearing on either and on careful perusal of the averments made in the accompanying affidavit and considering the facts and circumstances of the case, this Court in inclined to allow the the request of the petitioners to condone the delay of 320 days in filing the Restoration Petition on a condition that the petitioners shall pay a sum of Rs.5,000/- towards the cost to the Advocates Welfare Fund of Bar Council of Tamil Nadu and Puducherry within a week from today and file a Memo for proof of the payment of the cost by next date of hearing. 5.Post on 10.07.2024 02.07.2024 gba (1/2)

BATTU DEVANAND, J.

gba C.M.P.No.22562 of 2019 in C.R.P.No.1655 of 2009 02.07.2024