Varalakshmi v. Vijaya

C.M.P.No. 14892 of 2022 in S.A. No. 144 of 2015 T.V. THAMILSELVI, J.

This petition has been filed seeking to set aside the order dated 21.01.2016 dismissing the Second Appeal for default.

2. Earlier, this court by an order dated 19.07.2022 condoned the delay of 1220 days in filing the petition to restore the S.A. in C.M.P.No. 1733 of 2022 on hearing both sides.

3. Mr.P.S.Ganesh, learned counsel for petitioners/appellants submitted that as the petitioners failed to comply with the payment of batta and other requirements of registry, the second appeal was dismissed for default. Hence, he has filed the above petition to restore the above S.A.

4. Mrs.Elizabeth Ravi, learned counsel appearing for respondents 1 to 5 and 7 appeared and submitted that he has no objection for allowing this petition.

5. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to restore the Second Appeal, this Court is inclined to allow this petition and to restore the second appeal.

02.09.2022 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 14892 of 2022 in S.A. No. 144 of 2015 02.09.2022 https://www.mhc.tn.gov.in/judis