Disposed

Bala Amirthavalli @ Amirtham v. Shanthi

Madras HC25 Apr 2022A/1560/2022

Case brief

AI extract

What is this about?

Counsel argued that an order dated 25.04.2022 failing to mention a joint trial direction needed correction. The court directed amendment of the order to include a joint trial for O.S.Nos.2332, 8308 of 2019 and T.O.S.No.13 of 2021 from 01.08.2022, granting them additional proof but barring unnecessary adjournments.

What did the court decide?

Original order corrected to direct joint trial from 01.08.2022 to 30.09.2022; Registry to issue fresh order copy.

Bala Amirthavalli @ Amirtham Vs Shanthi — Service and Employment | Madras HC (2022)

¶1

A.Nos.1560 and 1561 of 2022

¶2

A.Nos.1560 and 1561 of 2022 in T.O.S.No.13 of 2021

¶3

V.BHAVANI SUBBAROYAN.J,

¶4

This matter is listed today under the caption 'For Being Mentioned' at the

¶5

instance of the learned counsel for the applicant.

¶6

The learned counsel for the applicant would submit that this Court, by an order dated 25.04.2022, allowed the application seeking to withdraw the suits in O.S.Nos.2332 and 8308 of 2019 on the file of I Additional City Civil Court, Chennai and transfer the same to this Court to be tried along with the present T.O.S.No.13 of 2021, and directed the Learned Master III to conduct a joint trial in both the suits in O.S.Nos.2332 and 8308 of 2019 as well as in T.O.S.No.13 of 2021. However, in the order copy, there was no mention about the direction issued for conducting a joint trial in the said suits and the same reads only as the trial shall commence before the learned Master III from 20.06.2022 and shall be completed on or before 29.07.2022 in Paragraph No.7. Hence, he prayed for suitable directions.

¶7

In view of the submissions made by the learned counsel for the applicant, this Court is inclined to correct the errors made in Paragraph No.7 in the order dated 25.04.2022.

¶8

V.BHAVANI SUBBAROYAN.J,

¶9

https://www.mhc.tn.gov.in/judis

¶10

A.Nos.1560 and 1561 of 2022

¶11

raja 4. Accordingly, the orders passed in Paragraph No.7 in the order dated

¶12

25.04.2022 are substituted as follows :

¶13

“Accordingly, the applications are allowed and the O.S.Nos.2332 and 8308 of 2019 on the file of I Additional City Civil Court, Chennai are hereby withdrawn and ordered to be transferred before this Court. Since the parties are senior citizens, Registry is directed to take it as a special case, number the said suits and post the same along with the present suit before the learned Master III for trial. As the stage of the transfer suits are at trial stage and the issues are framed in the present T.O.S., [attached vide separate sheet], the Learned Master III shall commence a joint trial in all the suits i.e. O.S.No.2332 of 2019, O.S.No.8308 of 2019 and T.O.S.No.13 of 2021 from 01.08.2022 and complete the same on or before 30.09.2022. The parties are entitled to file additional proof affidavit, if it is necessary. The parties shall not take unnecessary adjournments.

¶14

The Registry is directed to make necessary amendments in the order dated 25.04.2022 and issue order copy a fresh.

¶15

18.07.2022

¶16

raja

¶17

A.Nos.1560 and 1561 of 2022 in T.O.S.No.13 of 2021

¶18

https://www.mhc.tn.gov.in/judis

Bala Amirthavalli @ Amirtham v. Shanthi

Case brief

What is this about?

What did the court decide?

Bala Amirthavalli @ Amirtham v. Shanthi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

L.Gowtham Raj Vs S.Lakshmipathy

P.Sreeramulu Vs P.a.Sridhar

P.T.Sambandam Vs P.S.Jothi Selvaraj

Bala Amirthavalli @ Amirtham Vs Shanthi

Mrs.Dhanalakshmi and 2 others Vs L.Pushpa and 2 others

S.Surendra and 3 Others Vs Smt.Sukanya and 8 Others