This judgment addresses two revision petitions seeking directions to expedite the trial of two pending civil suits involving property disputes. The High Court directed the Subordinate Judge to conduct the trials on a day-to-day basis and dispose of them promptly.
Directed the Trial Court to expedite the trial in O.S.Nos. 153 of 2022 and 75 of 2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP.No. 2862 & 2863 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2023
CORAM:
THE HONOURABLE MRS.JUSTICE V. BHAVANI SUBBAROYAN
CRP.Nos. 2862 & 2863 of 2023
P. Harak Chand Bhandari ..Petitioner
[in both CRPs]
Versus
Praful H. Bhandari
... Respondent [in both CRPs]
CRP.No. 2862 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the learned Principal Subordinate Judge, Chengalpattu to conduct the trial on day to day basis to dispose the pending suit within a stipulated time in O.S.No. 153 of 2022 [O.S.No. 33 of 2017] on the file of the Principal Subordinate Judge, Chengalpattu.
CRP.No. 2863 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the learned Principal Subordinate Judge, Chengalpattu to conduct the trial on day to day basis to dispose the pending suit within a stipulated time in O.S.No. 75 of 2017 on the file of the Principal Subordinate Judge, Chengalpattu.
CRP.No. 2862 & 2863 of 2023
In both CRPs:-
For Petitioner : Mr. R. Kumaravel
COMMON ORDER
These Civil Revision Petitions have been filed by the petitioner seeking a direction to expedite trial in O.S.No. 153 of 2022 (O.S.No. 33 of 2017) and O.S.No. 75 of 2017 pending on the file of the Principal Subordinate Judge, Chengalpattu.
O.S.No. 33 of 2017 before the District Munsif Cum Judicial Magistrate, Thirukazhikundram, for declaration, permanent injunction and mandatory injunction. Subsequently, the same was transferred to the Principal Subordinate Judge, Chengalpattu on the ground of pecuniary jurisdiction and the same was renumbered as O.S.No. 153 of 2022. On the other hand, the respondent has filed the suit in O.S.No. 75 of 2017 before the Principal Subordinate Judge, Chengalpattu for permanent injunction and other reliefs. The defendant contested the suit by filing written statement denying all the averments made in the plaint. Memo was filed by the respondent counsel in O.S.No. 153 of 2022 and the same is pending
CRP.No. 2862 & 2863 of 2023
without any progress.
CRP.No. 2862 & 2863 of 2023
submission made by the learned counsel for the petitioner, the Trial Court is directed to expedite the trial in O.S.No. 153 of 2022 (O.S.No. 33 of 2017) as well as the suit in O.S.No. 75 of 2017 pending on the file of the Subordinate Judge, Chengalpattu, and pass appropriate orders in accordance with law as expeditiously as possible.
direction. No costs.
18.08.2023
Index:Yes/No Speaking/Non Speaking MSM
To
CRP.No. 2862 & 2863 of 2023
V. BHAVANI SUBBAROYAN , J
MSM
CRP.Nos. 2862 & 2863 of 2023
18.08.2023
1 issue framed by the court
Whether to direct the trial court to expedite the proceedings in the pending civil suits.
P. Harak Chand Bhandari
Praful H. Bhandari
V Bhavani Subbarayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
