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Madras High CourtAPPLN/330/2024allowed

K.Padmaja v. Arjunlal Sunder Das (Died), The Official Assignee,

2024-11-20Honourable Dr Justice G. Jayachandran,Honourable Mr Justice C.V. Karthikeyan2 pages

Application (IP) No.330 of 2024 in IP.No.25 of 2014 DR.G.JAYACHANDRAN, J.

AND C.V.KARTHIKEYAN, J.

Today, the matter is listed under the caption "for being mentioned".

2. In continuation of the earlier order of this Court dated 20.11.2024, passed in Application (IP) No.330 of 2024 in I.P.No.25 of 2014, the order may be substituted as follows:

"The claim petitions of this petitioner in Claim No.11 of 2015 and Claim No.23 of 2016 were dismissed for nonprosecution stated that she vacated the house and shifted different place. Therefore, she was not able to receive the notice and contest. The present application is filed to set aside the orders dated 16.04.2024 dismissing her claim petitions for non-prosecution.

2.Taking note of the fact that having filed the claim petitions, the petitioner was unable to participate in the enquiry which has led to dismissal of the claim petitions for non-prosecution, to afford an opportunity to the claimant, the orders dated 16.04.2024 are set aside and this application stands allowed.

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DR.G.JAYACHANDRAN, J.

AND C.V.KARTHIKEYAN, J.

smv 3.The Official Assignee may consider the claim petitions on merits after examining the claimant.

3. Registry is directed to issue fresh order copy after carrying out necessary corrections.

(G.J.,J.) (C.V.K.,J.) 05.03.2025 smv Application (IP) No.330 of 2024 in IP.No.25 of 2014 2/2 https://www.mhc.tn.gov.in/judis