Madras High CourtCMP/15303/2023ordered

Jamuna v. Krishnaveni

2023-08-08Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P.No. 15303 of 2023 in S.A. No. 634 of 2004 T.V. THAMILSELVI, J.

This petition has been filed seeking to set aside the order dated 26.06.2023 dismissing the Second Appeal for non-prosecution.

2. Mr.K.Selvaraj, learned counsel for petitioners/appellants submitted that as the affidavit of service and batta not put up in the court bundle, the above Second Appeal was dismissed for non-prosecution on 26.02.2023. Hence, he has filed the above petition to restore the above S.A.

3. 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.

4. Post the matter on 04.09.2023.

08.08.2023 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 15303 of 2023 in S.A. No. 634 of 2004 08.08.2023 https://www.mhc.tn.gov.in/judis