Velusamy v. 1. Paul Raj (Died) 2. Damodharan
Case brief
What is this about?
Madras High Court, Madurai Bench (N. Anand Venkatesh J., order dated 05.06.2026) in CMP(MD) Nos.3905-3910 of 2026 in SA(MD) No.889/89 of 2007: petitions for condonation of delay (4425 days; 1189 days), setting aside of abatement caused by the deaths of respondents 1 and 4, and impleading of legal heirs (respondents 7 to 15) dismissed for non-prosecution due to non-payment of batta and failure to take steps on notice ordered 30.04.2026; second appeal (against AS No.174/2004, Sub Court Sankarankoil, reversing OS No.112 of 2003, Principal District Munsif Court) closed, no costs. Statute referenced: Section 100 CPC. No precedents discussed. Keywords: condonation of delay, abatement, legal heirs, batta, non-prosecution.
What did the court decide?
As batta had not been paid and the petitioner took no steps to serve notice on the respondents (through Court and privately) as directed on 30.04.2026, the civil miscellaneous petitions stand dismissed for non-prosecution.