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Madras High CourtCMP/18073/2022allowed

Mr.Ilanchezian v. Mrs.Sangeetha,

2022-11-16Honourable Mrs Justice T.V.Thamilselvi3 pages

C.M.P. Nos. 18073 & 18257 of 2022 in C.R.P.Nos.3057 & 2656 of 2016 T.V.THAMILSELVI, J.

These Civil Miscellaneous Petitions have been filed to condone the delay of 169 days in preferring the petitions to restore the C.R.P. Nos. 3057 & 2656 of 2016 respectively, which was dismissed for non-prosecution by this court.

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

3. The learned counsel for Revision Petitioner would submit that as the earlier counsel on record appearing for petitioner passed away during Covid-19 pandemic, the petitioner was not communicated about the next date of hearing and stage of case. Accordingly, he is seeking new counsel to lead his case, however, due to non-representation on the side of petitioner on 15.03.2022, the above C.R.P.s were dismissed for non-prosecution. Thereafter, he has taken steps to restore the C.R.P.s, but there is a delay of 169 days in filing the petitions. The delay is neither willful nor wanton, but 1/3

only due to the above facts. Hence, he filed these petitions to condone the delay of 169 days in filing the above petitions.

4. Mr.R.Chakravarthy, learned counsel appearing for 2nd respondent appeared and he has raised his formal objections.

5. Considering the facts and circumstances, and the reasons assigned in the affidavit filed in support of the petitions seems to be justifiable one, this Court is inclined to allow these petitions to condone the delay of 169 days in filing the petitions to restore the above Civil Revision Petitions respectively.

6. Post the matters on 23.11.2022.

16.11.2022 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.M.P.Nos.18073 & 18257 of 2022 in C.R.P.Nos.3057 & 2656 of 2016 16.11.2022 3/3