M.Radhakrishnan v. R.Balasaraswathi

CMP Nos.1896 & 18648 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-08-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN CMP Nos.1896 & 18648 of 2025 in S.A.No.1227 of 2010 M.Radhakrishnan S/o Muthu Venkatapathi Reddiar No.47 Fifth Cross St Brindavan Colony, Pondichery.

Appellant in both petitions Vs R.Balasaraswathi 2, Madhava Reddy Street, Tambaram West, Opposite to Ramakrishna School, Chennai - 600 045. and another Respondents in both petitions in both petitions For Appellant:

Mrs.Srimathi.V For Respondents:

Mr.A.Babu COMMON ORDER C.M.P.No.1896 of 2025 has been filed to condone the delay of 62 days in filing a petition to set aside the order of dismissal for non prosecution of the the Second Appeal and CMP No.18648 of 2025 has been filed to set aside the order of dismissal for non prosecution. 1/2 https://www.mhc.tn.gov.in/judis

CMP Nos.1896 & 18648 of 2025 C.V.KARTHIKEYAN,J., vum

2. In the affidavit filed in support of the petitions, it had been stated that owing to the health condition of the counsel on record he was not able to appear before the Court and that the Second Appeal was dismissed for non prosecution. Though in filing the application to restore, there has been a delay it is only due to the papers being misplaced since there was a renovation in the office of the counsel.

3. The counsel for the respondents is also present.

4. Taking all these factors into consideration, both the applications stand allowed. The delay is condoned. The Second Appeal is restored. 07-08-2025 (1⁄2) vum CMP Nos.1896 & 18648 of 2025 in S.A.No.1227 of 2010 2/2 https://www.mhc.tn.gov.in/judis