Muthukrishnan v. Venkatesan Chettiar
Case brief
What is this about?
Condonation of delay; setting aside abatement on death of respondent; Section 5 of the Limitation Act, 1963; delay of 1601 days; non-compliance with daily order dated March 4, 2026; Batta Memo not filed; dismissal for non-prosecution; proposed respondents/legal heirs of 2nd and 3rd Respondents (A.Haridas, A.Srinivasan, Lakshminarayan, Sivakumar, Dhamodaran Gupta); Civil Miscellaneous Petition No. 18667 of 2021 in Second Appeal No. 410 of 2003; Madras High Court; single Judge (R. Sakthivel J.); no costs.
What did the court decide?
In view of the Petitioners' non-compliance with the daily order dated March 4, 2026 (failure to effect notice compliance and to file the Batta Memo), the Civil Miscellaneous Petition was dismissed for non-prosecution, with no costs; the condonation of delay sought under Section 5 of the Limitation Act, 1963 was not adjudicated.