Kalaiselvan v. Sivakumar

C.M.P. No. 13556 of 2023 in S.A.No.620 of 2009 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 1413 in filing the restoration petition for the above SA No. 620 of 2009.

2. The learned counsel for the appellant submits that the appeal filed by the appellant was dismissed for non prosecution on 21.10.2019. Thereafter, the appellant could not able to contact his counsel owing to covid pandemic and his mother also died due to Covid. Due to unavoidable circumstances, the appellant was not able to file the petition to restore the second appeal on time. Hence, he seeks to condone the delay of 1413 in filing the restoration petition for the above SA No. 620 of 2009.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one. Accordingly, SA No. 620 of 2009 is ordered to be restored. Thus, this petition is ordered. Post the matter on 28.08.2024.

13.08.2024 pbl https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

pbl C.M.P.No. 13556 of 2023 in S.A. No. 620 of 2009 13.08.2024 https://www.mhc.tn.gov.in/judis