Periyasamy(died) v. Kadirvel (died)
Case brief
What is this about?
Madras High Court common order (R. Sakthivel, J., 04-06-2026) dismissing CMP.Nos.5004, 5006 & 5017 of 2026 in CMP.No.22168 of 2023 in SA No. 1610 of 2004 for default; condonation of 1173 days delay (Section 5, Limitation Act 1963); setting aside abatement on death of 3rd respondent Aasai Thambi/Aasaithambi (Order XXII Rule 9 CPC); impleading legal heirs/respondents 13-18 Vanaja, Anbudasan, Ashwin Kumar, Abitha, Archana and Asha (Order XXII Rule 4 CPC); dismissal ground: batta not filed with petitions and affidavit for respondents 13-18; petitioners Susila, Annadurai and Karunanidhi, heirs of deceased appellant Periyasamy; counsel J. Deliban; e-Courts upload verification of daily orders dated 10.03.2026 and 30.04.2026.
What did the court decide?
Since the petitioners' counsel had not filed batta along with the Petitions and affidavit in respect of Respondents Nos. 13 to 18, the Court held it had no other option but to dismiss CMP Nos. 5004, 5006 and 5017 of 2026, and accordingly dismissed all three Civil Miscellaneous Petitions for default. The merits of the delay-condonation, de-abatement and impleadment prayers were not adjudicated.