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Madras High CourtCMP/16112/2022allowed

M.Anthony v. K.G.Gopalakrishnan

2022-10-19Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P.No. 16112 of 2022 in C.R.P. No. 5027 of 2011 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 1113 days in filing the petition to restore the C.R.P. No.5027 of 2011, which was dismissed for default on 29.07.2019.

2. Mr.K.Kannan, learned counsel for revision petitioner submitted that when the C.R.P. was listed for final hearing, inadvertently, he did not notice the cause list when it was posted for dismissal on 29.07.2019. On that day also, he did not notice the listing of case and due to his nonappearance, it was dismissed for default. However, there is a delay of 1113 days in filing this petition arose. Hence, he filed this petition to condone the delay in filing the petition to restore the above C.R.P.

3. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to condone delay of 1113 days, this Court is inclined to allow this petition and to restore the above Civil Revision Petition.

4. Post the matter on 11.11.2022.

19.10.2022 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 16112 of 2022 in C.R.P. No. 5027 of 2011 19.10.2022 https://www.mhc.tn.gov.in/judis