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Madras High Court

Unknown vs B.Pugalendhi

Author: B.Pugalendhi

Bench: B.Pugalendhi

                                           C.M.P.(MD)No.6254 of 2021
                                           in S.A.(MD)No.941 of 2007

                                  B.PUGALENDHI, J.

This petition is filed to set aside the order of dismissal for non prosecution on 02.07.2021 passed by this Court and to restore S.A.(MD)No.941 of 2007 on file.

2. Mr.F.X.Eugene, learned counsel, entered appearance for the appellants and submitted that the memo filed before this Court on 22.09.2016 stating that the first appellant died is not a correct one and both the appellants are alive.

3. Being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition is allowed and the second appeal is restored to file.

4. It is now reported that the first respondent died.

5. The appellants shall take steps to implead the legal representatives of the deceased first respondent.

6. The Registry is directed to list the second appeal for final disposal on 15.02.2022.

https://www.mhc.tn.gov.in/judis 08.02.2022 ogy https://www.mhc.tn.gov.in/judis