Allowed¶25

Sanjay Dhurka v. Gita Devi Dhurka and another

Madras HC5 Jan 2026A/6103/2025

Case brief

AI extract

What is this about?

Madras High Court (Original Side) order dated 05-01-2026 by P. Dhanabal, J. in A No. 6103 of 2025 in O.P.No.272 of 2019, condoning a 575-day delay in filing the application to set aside the 08.11.2023 dismissal of the Original Petition for non-prosecution. Filed under Order XIV Rule 8 O.S. Rules read with amended Section 5, Limitation Act 1963; unopposed by respondents (K. Rajul for applicant; S. Pushpakaran for R1 and R2). Keywords: condonation of delay, set aside dismissal for non-prosecution, one more opportunity.

What did the court decide?

Delay of 575 days in filing the application to set aside the order dated 08.11.2023 in O.P.No.272 of 2019 is condoned; Registry directed to number the application if it is otherwise in order. ¶25

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

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A No. 6103 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05-01-2026

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CORAM

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THE HON'BLE MR.JUSTICE P. DHANABAL

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A No. 6103 of 2025 in O.P.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, Maharani Chinnambal Road, Pithapuram Nagar, Alwarpet, Chennai-600 018.

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..Applicant(s)

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Gits Devi Dhurka

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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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Sanjana Jaipuria 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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Prayer:

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Application filed under Order XIV rule 8 of O.S.Rules r/w Amended Section 5 Limitation Act, 1963 to condone the delay of 575 days in filing the Application to set aside the order dated 08/11/2023 in the present Original petition which was dismissed for non prosecution of Applicant in the present O.P.

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__________Page 1 of 3

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

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A No. 6103 of 2025

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For Applicant(s): Mr.K.Rajul For Respondent(s): Mr.S.Pushpakaran for R1 and R2

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ORDER

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This application has been filed applicant / petitioner to condone the delay of 575 days in filing the application to set aside the order dated 08.11.2023 in the Original Petition, which was dismissed for non prosecution of the applicant.

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According to the applicant, due to his non-appearance, the Original Petition was dismissed for non-prosecution.

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On the other side, the learned counsel appearing for the respondents has no serious objection in allowing the application.

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Heard the learned counsel on both sides and perused the documents placed on record.

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Considering the reasons stated in the affidavit filed in support of the application and the facts and circumstances of the case and also to afford one more opportunity to the applicant, this application is allowed and the delay of 575 days in filing the application to set aside the order dated 08.11.2023 in the Original Petition is condoned.

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05-01-2026

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Note: Registry is directed to number the application, if it is otherwise in order

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ssd

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__________Page 2 of 3

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

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A No. 6103 of 2025