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Madras High CourtCMP/27859/2019ordered

Palani v. Mrs.Janaki

2020-03-10Honourable Mr Justice K. Kalyanasundaram2 pages

CMP.Nos.27859 of 2019 and 5997 of 2020 in A.S.No.971 of 2009 CMP.Nos.27859 of 2019 and 5997 of 2020 in A.S.No.971 of 2009 K.KALYANASUNDARAM, J.

These petitions have been filed to condone the delay and to set aside and restore the dismissal order.

2. In the affidavits filed in support of these petitions, it has been stated that when the Appeal Suit was listed for hearing, the first petitioner was bedridden and he needed assistance of the second petitioner. Hence, he could not instruct his counsel.

3. Though in the counter affidavit filed by the respondents, it has been strongly opposed, however considering the prayer sought for in the suit and the appeal that arises therefrom, the condone delay petition is ordered. Consequently, ordered dated 12.04.2019 passed in A.S.No.971 of 2009 is set aside and the same is restored on file.

4. Post the Appeal for final disposal on 26.03.2020. 10.03.2020 pvs https://www.mhc.tn.gov.in/judis/

CMP.Nos.27859 of 2019 and 5997 of 2020 in A.S.No.971 of 2009 K.KALYANASUNDARAM, J.

pvs CMP.Nos.27859 of 2019 and 5997 of 2020 in A.S.No.971 of 2009 10.03.2020 https://www.mhc.tn.gov.in/judis/