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Madras High CourtCMP/9550/2021ordered

Pavunambal v. Ramasamy Udayar

2024-09-27Honourable Mrs Justice T.V.Thamilselvi2 pages

C.M.P.No. 9550 of 2024 in C.M.P. SR. Nos. 13283 to 13285 of 2016 in S.A. No. 163 of 2005 T.V. THAMILSELVI, J.

This petition has been filed seeking to condone the delay of 1156 days in representing the above petitions in C.M.P. SR.Nos.13283 to 13285 of 2016 in S.A.No.163 of 2005.

2. Ms.T.R.Gayathri, learned counsel for petitioner submitted that the petitioner had filed the above Second Appeal on 18.02.2016, which was returned on 24.02.2016 for certain compliance and the same represented on 29.04.2016. Thereafter, again on 11.05.2016 the Registry returned the petition and the same was represented on 26.04.2017. However, unfortunately, the papers were mixed up with other case bundle and after due search, it was traced out. Hence, there is a delay of 1156 days in representing the paper. Therefore, he filed this petition to condone the delay in representing has been filed to set aside the order of dismissal for default and to restore the same.

3. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit seems to be justifiable one, this court is inclined to allow this petition. Registry is directed to number the petition if it is otherwise found to be in order.

27.09.2024 rpp https://www.mhc.tn.gov.in/judis

T.V.THAMILSELVI, J.

rpp C.M.P.No. 9550 of 2021 in C.M.P.SR.No. 13283 to 13285 of 2016 in S.A. No. 163 of 2005 27.09.2024 (2/4) https://www.mhc.tn.gov.in/judis