M.P.No.1 of 2011 in S.A.No.549 of 2009 P.T.ASHA, J. The above petition has been filed to condone the delay of 439 days in filing for restoration of the S.A.No.549 of 2009 and to restore the Second Appeal which was dismissed for default at the time of admission. Since the learned counsel had not appeared when the matter was listed for admission on three occasions, the learned counsels has herself filed an affidavit in which at Para. No.3 she has given reasons for her non-appearance on the said date which is as follows:- “ It is submitted that the above appeal came for admission before His Lordship Hon’ble Mr. Justice P.R.Shivakumar on 25.03.2010. It is submitted that I was in the final stages of my pregnancy in the month of March 2010 and was under complete bed rest due to a complications in the pregnancy. As I could not appear before this Hon’ble Court to represent the petitioner when the appeal came up for admission, the above second appeal was dismissed for non prosecution on 30.03.2010 at the admission stage itself ” 1/3 https://www.mhc.tn.gov.in/judis 2. In this petition, notice was ordered to the respondents returnable by two weeks. Though the respondents 1 to 3 have been served they have not entered appearance either in person or through counsel. However, it is reported that the 4th respondent is no more. 3. Be that as it may, considering the fact that the reasons for the non- appearance has been satisfactorily explained in the affidavit filed in support of the petition, the delay is condoned and the above Second Appeal is restored to file as prayed for. The appellant is directed to first take steps to bring on record the LRs of the 4th respondent and thereafter the above Second Appeal is to be listed for admission. The said exercise shall be completed on or before 20.01.2023. 21.12.2022 shr 2/3 https://www.mhc.tn.gov.in/judis P.T. ASHA, J, shr M.P.No.1 of 2011 in S.A.No.549 of 2009 21.12.2022 3/3 https://www.mhc.tn.gov.in/judis