Allowed¶36

Sanjay Dhurka v. Gita Devi Dhurka and another

Madras HC12 Jan 2026A/125/2026

Case brief

AI extract

What is this about?

Restoration of original petition dismissed for default/non-prosecution; setting aside dismissal order dated 08.11.2023; inadvertence of junior counsel; bundle left unattended in office; uncontested application; chance to put forth case; Madras High Court; OP No.272 of 2019; A.No.125 of 2026; order dated 12-01-2026; next listing 09.02.2026; Sanjay Dhurka v. Gita Devi Dhurka and Mrs. Sanjana Jaipuria.

What did the court decide?

Application allowed; original petition OP No.272 of 2019 restored on file; matter directed to be listed on 09.02.2026. ¶36

Sanjay Dhurka Vs Gita Devi Dhurka and another — Madras HC (2026) — LawSathi Research

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A.No.125 of 2026 in OP No.272 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12-01-2026

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CORAM

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THE HONOURABLE MR.JUSTICE P. DHANABAL

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A No. 125 of 2026 AND OP NO. 272 OF 2019

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Sanjay Dhurka S/o.Late Mr.B.K.Dhurka, Flat No.1, Approva Apartments, Old Door No.3, New No.7, Plot No.69, Maharahi Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

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Applicant(s)

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GITA DEVI DHURKA and another W/o.Late B.K.Dhurka, Flat No.1, Apoorva Apartments, Old Door No.3, New No.7, Plot No.69, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

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2.Mrs.Sanjana Jaipuria W/o.Mr.Vikramjaipuria, Flat No.1 Apoorva Apartments, Old Door No.3, New No.7, Plot no.69, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

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Respondent(s)

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OP No. 272 of 2019

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Sanjay Dhurka S/o.Late Mr.B.K.Dhurka, Flat No.1, Approva Apartments, Old Door No.3,

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

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A.No.125 of 2026 in OP No.272 of 2019

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New No.7, Plot No.69, Maharahi Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

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Petitioner(s)

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Vs 1. GITA DEVI DHURKA and 1 another W/o.Late B.K.Dhurka, Flat No.1, Apoorva Apartments, Old Door No.3, New No.7, Plot No.69, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

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2.Mrs.SANJANAJAIPURIA W/o.Mr.Vikramjaipuria, Flat No.1 Apoorva Apartments, Old Door No.3, New No.7, Plot no.69, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

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Respondent(s)

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For Applicant(s): Mr.K.Rahul for M/s.Raj and Raj Associates For Respondents: Mr.S.Pushpakaran

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ORDER

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This application has been filed by the applicant to set aside the order dated

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08.11.2023 in OP No.272 of 2019 which was dismissed for non-prosecution.

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According to the applicant, he is the petitioner in the main original petition and the same was posted on 08.11.2023 for final hearing. On that day, due to inadvertence, the junior counsel to whom the matter was entrusted, left the bundle in

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

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A.No.125 of 2026 in OP No.272 of 2019

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the office and remain unattended. Therefore, the original petition was dismissed for

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default. Thereafter, the petitioner came to know about the same. Therefore, filed this application.

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The other side have not seriously objected.

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Considering the reasons stated in the affidavit and facts and

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circumstances of the case, in order to give a chance to the applicant to put forth his case, it is appropriate to allow this application. Accordingly, this application is

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allowed and the original petition is restored on file.

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List the matter on 09.02.2026.

12.01.2026

mtl

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