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Madras High CourtCMP/15273/2022allowed

Dr.G.Karunakaran v. K.Saranya

2022-10-13Honourable Mrs Justice T.V.Thamilselvi3 pages

C.M.P. No. 15273 of 2022 in C.R.P.No.2923 of 2015 T.V.THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed to condone the delay of 104 days in filing the C.M.P. SR. No.94382 in C.R.P. (PD) No. 2923 of 2015, which was dismissed for non-prosecution on 13.04.2022.

2. Today, when the matter taken up for hearing, both learned counsel for petitioner and the learned Addl. Govt. Pleader appearing for 2nd respondent appeared.

3. Mr.S.Arulmozhi, learned counsel for petitioner submitted that due to unwell of counsel, they are not able to proceed the C.M.P., which was filed to restore the C.R.P. No.2923 of 2015 in time, however, the delay of 104 days arose in filing the petition. Hence, he filed this petition to condone the delay.

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4. Mr. B.Tamilnidhi, learned Government Advocate appearing for 2nd respondent raised his formal objections.

5. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seems to be justifiable one, this Court is inclined to allow this petition and to restore the Civil Revision Petition.

13.10.2022 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.M.P.No.15273 of 2022 in C.R.P.No.2923 of 2015 13.10.2022 3/3