Failure to comply with court orders justifies dismissal of petitions.

Headnote:This judgment pertains to a petition aimed at condoning the delay in filing a restoration petition under Section 5 of the Limitation Act. The petition was necessitated following the dismissal of the appeal for non-compliance with court orders regarding payment. The court found that the appellants failed to adhere to said orders, leading to the dismissal of the present petition. The verdict is clear in stating that as a result of these failures, the petition is dismissed for default.

Table of Content
1. court's authority to dismiss for failure to comply. (Para 1 , 2)
2. arguments presented by the counsel. (Para 3)

(Order of the Court was made by N.Sathish Kumar J.)

This petition has been filed to condone the delay of 1117 days in filing the restoration petition in AS.No.56/2016 on the file of this Court dated 01.12.2016.

2. This Court vide order dated 01.12.2016 directed the appellants to pay batta to the concerned respondents on or before 23.12.2016, failing compliance, the appeals would deemed to have been dismissed. Since the condition was not complied with, it was dismissed for default. The restoration petition was not filed within time and thus, the present petition has been filed to condone the delay of 1117 days in filing the restoration petition.

3. Mr.K.Anbarasan, the learned counsel submitted that they have already given change of vakalat to the petitioners/appellants, however, none appeared for the petitioners/appellants. Further, all along batta has not been paid to the concerned respondents.

4. In such view of the matter, this petition stands dismissed for default.

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