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Madras High CourtCMP/3894/2024dismissed

Karunanidhi (Died) 1.Govindhan v. Tamizharasi

2026-06-03Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2026

CORAM

THE HONOURABLE MR.JUSTICE R. SAKTHIVEL CMP.No.3894 of 2024 in S.A.No. 353 of 2006 ---- Karunanidhi (Died) 1.Govindhan 2.Murugan 3.Viruthambal 4.Sathya 5.Nithya (Minor) 6.Kavitha (Minor) 7.Purushothaman (Minor) Minor Represented by mother and guardian Viruthambal All are residing at Kattu Edayar Village, Ulundurpet Taluk Villupuram District.

....Petitioners/Appellants

Versus

1.Tamizharasi Kattu Edayar Village, Ulundurpet Taluk Villupuram District.

2.Malarmangai Kattu Edayar Village, Ulundurpet Taluk Villupuram District.

...Respondents/Respondents

Page Nos.1/4

Prayer: Civil Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963 praying to condone the delay of 678 days in filing the application to restore the Second Appeal.

For Petitioners :

Mr.S.Ramachandran ---

ORDER

Mr.S.Ramachandran, Counsel on record for the Petitioners is before the Court.

2.The daily order dated April 1, 2026 which reads thus:- "Issue fresh notice to the Respondents through Court as well as Post returnable by 03.06.2026. In addition, private notice with RPAD is permitted.

2.The Petitioner(s) shall file a proper Batta Memo within seven working days from today, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

3.List the matter on 03.06.2026".

3.Despite specific order dated April 1, 2026, the petitioners did not file any proper batta memo.

4.Today's Cause List which reads thus:

"Deficit Batta of Rs.60 and want of 2 copies of petition & Affidavit notified Reg. R1 & R2. Batta not filed Reg. R1 & R2 within 7 working days from Court Order dated 01.04.2026".

Page Nos.2/4

5.Accordingly, this Civil Miscellaneous Petition is dismissed. Considering the facts and circumstances of the case, there shall be no order as to costs.

03.06.2026 MSM Page Nos.3/4

R.SAKTHIVEL, J MSM CMP.No.3894 of 2024 in S.A.No. 353 of 2006 03.06.2026 Page Nos.4/4