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Madras High CourtA/4249/2022ordered

Thavamani (Died) v. J.Sasikala (Died) 1.Ramesh And Another

2024-03-04Honourable Mr Justice N. Sathish Kumar2 pages

A.Nos . 4249, 4250 & 4251 of 2022 in O.P.No.505 of 2006 N.SATHISH KUMAR, J.

The application in A.No.4249 of 2022 has been filed to condone the delay of 504 days in filing an application to restore the application filed to revoke the grant of Letters of Administration by order dated 18.07.2007 made in A.No.504 of 2020 in O.P.No.505 of 2006 which was dismissed for default on 24.02.2021.

2.The application in A.No.4250 of 2022 has been filed to condone the delay of 504 days in filing an application to restore the application filed to revoke the grant of Letters of Administration by order dated 18.07.2007 made in A.No.504 of 2020 in O.P.No.505 of 2006, which was dismissed for default on 24.02.2021.

3.The application in A.No.4251 of 2022 has been filed to condone the delay of 504 days in filing an application to restore the application filed to accept the cause title which was dismissed for default on 24.02.2021 in A.No.7929 of 2019 in O.P.No.505 of 2006. 4.The main ground on which the delay is sought to be condoned is that, when the applications were posted before the Court on 24.02.2021, after the matter was referred to Mediation and Conciliation Centre, the learned counsel did not appear before this Court due to COVID situation. https://www.mhc.tn.gov.in/judis

N.SATHISH KUMAR, J.

vsn Therefore, the applicant was set ex-parte and the applications filed to restore the application to revoke the letters of administration has been dismissed for default and to accept the cause title have been dismissed for default, the applications were dismissed. It was the COVID situation in high and prior to COVID, the matter had been referred to mediation and only during the COVID period, these applications were dismissed.

5. Now, this Court is of the view that it would not be fair to the parties, if delay is not condoned.

6.Accordingly, in order to give an opportunity to the applicants, and also taking into consideration the facts and circumstances, and the submissions made by the learned counsel for the parties, and on being satisfied with the reasons stated in the affidavits, the delay is condoned. These applications are ordered.

04.03.2024 vsn A.Nos . 4249, 4250 & 4251 of 2022 in O.P.No.505 of 2006 https://www.mhc.tn.gov.in/judis