Sanjay Dhurka v. Gita Devi Dhurka And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-01-2026

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL A No. 125 of 2026 AND OP NO. 272 OF 2019

1. Sanjay Dhurka S/o.Late Mr.B.K.Dhurka, Flat No.1, Approva Apartments, Old Door No.3, New No.7, Plot No.69, Maharahi Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

Applicant(s) Vs

1. GITA DEVI DHURKA and another W/o.Late B.K.Dhurka, Flat No.1, Apoorva Apartments, Old Door No.3, New No.7, Plot No.69, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

2.Mrs.Sanjana Jaipuria W/o.Mr.Vikramjaipuria, Flat No.1 Apoorva Apartments, Old Door No.3, New No.7, Plot no.69, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

Respondent(s) OP No. 272 of 2019

1. Sanjay Dhurka S/o.Late Mr.B.K.Dhurka, Flat No.1, Approva Apartments, Old Door No.3, 1/4

New No.7, Plot No.69, Maharahi Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

Petitioner(s) Vs

1. GITA DEVI DHURKA and 1 another W/o.Late B.K.Dhurka, Flat No.1, Apoorva Apartments, Old Door No.3, New No.7, Plot No.69, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

2.Mrs.SANJANAJAIPURIA W/o.Mr.Vikramjaipuria, Flat No.1 Apoorva Apartments, Old Door No.3, New No.7, Plot no.69, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

Respondent(s) For Applicant(s):

Mr.K.Rahul for M/s.Raj and Raj Associates For Respondents:

Mr.S.Pushpakaran

ORDER

This application has been filed by the applicant to set aside the order dated 08.11.2023 in OP No.272 of 2019 which was dismissed for non-prosecution.

2. According to the applicant, he is the petitioner in the main original petition and the same was posted on 08.11.2023 for final hearing. On that day, due to inadvertence, the junior counsel to whom the matter was entrusted, left the bundle in 2/4

the office and remain unattended. Therefore, the original petition was dismissed for default. Thereafter, the petitioner came to know about the same. Therefore, filed this application.

3. The other side have not seriously objected.

4. Considering the reasons stated in the affidavit and facts and circumstances of the case, in order to give a chance to the applicant to put forth his case, it is appropriate to allow this application. Accordingly, this application is allowed and the original petition is restored on file. List the matter on 09.02.2026.

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P.DHANABAL, J.

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