Bava G.Chokkappa v. Executive Officer

C.M.P.No. 19521 of 2022 in C.R.P. No. 4106 of 2012 T.V. THAMILSELVI, J.

This petition has been filed seeking to set aside the order dated 20.07.2022 dismissing the Civil Revision Petition for non-prosecution.

2. Earlier, this court by an order dated 07.11.2022 condoned the delay of 60 days in filing the petition to restore the C.R.P. in C.M.P.No.18298 of 2022 on hearing both sides.

3. Mr.K.R.Ramesh Kumar, learned counsel for revision petitioners submitted that as the erstwhile counsel name was printed and the present counsel on record was not printed in the cause list, due to which, they are not able to appear on the hearing dates. Subsequently, on verification of case number, they came to know that the above revision petition was dismissed for non-prosecution. Immediately, he took steps to file this restoration petition and the absence of counsel on record before this court during the earlier hearings is neither willful nor wanton. Hence, this petition has been filed to restore the above C.R.P.

4. Mr.Srinath Sridevan, learned counsel for respondent appeared and submitted that he has no objection for allowing this petition.

5. Considering the facts and circumstances, and being satisfied with the reasons assigned in the affidavit filed in support of the petition seeking to restore the Civil Revision Petition, this Court is inclined to allow this petition and to restore the C.R.P

6. Post the C.R.P. on 24.11.2022.

16.11.2022 rpp

T.V.THAMILSELVI, J.

rpp C.M.P.No. 19521 of 2022 in C.R.P. No. 4106 of 2012 15.11.2022