The Court disposed of a Miscellaneous Petition seeking to restore a Civil Revision Petition dismissed for non-prosecution. Upon reviewing the affidavit stating a valid defence existed against a sale made by other sharers, the Court allowed the plea to restore the petition and posted the matter for future proceedings.
The Civil Reverse Petition was restored.
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C.M.P.No. 12973 of 2021 in
C.R.P. No. 1840 of 2019
C.M.P.No.12973 of 2021 in C.R.P. No. 1840 of 2019
T.V. THAMILSELVI, J.
This Civil Miscellaneous Petition has been filed seeking to set aside the order dated 17.08.2020 dismissing the above Civil Revision Petition for non-prosecution.
C.M.P.No.12973 of 2021 in C.R.P. No. 1840 of 2019
Petition was dismissed for non-prosecution during Covid-19 period. Now, to restore the same, the present Civil Miscellaneous Petition has been filed stating that they are having valid defence to contest the alleged sale made by other sharers, who are aged about 83 years and they are residing in the suit property, however, they are having valid defence in the proceedings. Hence, they prayed to restore the present Civil Revision Petition.
with the reasons assigned in the affidavit is justifiable one, this Court is inclined to allow this petition and to restore the Civil Revision Petition.
27.09.2022
rpp
C.M.P.No.12973 of 2021 in C.R.P. No. 1840 of 2019
T.V.THAMILSELVI, J.
rpp
C.M.P.No. 12973 of 2021
in
C.R.P. No. 1840 of 2019
27.09.2022
2 issues framed by the court
Whether to allow the plea to restore a dismissed Civil Revision Petition filed for non-prosecution.
Whether the Revision Petitioners have a valid defence to contest the sale of property made by other sharers.
Revision Petitioners
Contesting Respondent No. 6
Respondents 1 to 5
T.V. Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
