A. Suthakar Vs K. Anusuya — Madras HC (2025) — LawSathi Research

A. Suthakar Vs K. Anusuya — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Civil revision petition disposed of with directions: parties to maintain status-quo; trial in O.S. No.235 of 2022 expedited (issues framed within one week if not already framed; suit to be disposed on merits on or before 30.04.2026); no costs awarded; connected CMP No.15030 of 2024 closed. The C.M.A. order granting interim injunction was not disturbed.

Issue for consideration

Whether the fair and decretal order dated 21.04.2023 in CMA No.10/2023 (confirming the order in I.A No.3 of 2022 in OS No.235 of 2022, granting interim injunction to the respondents/plaintiffs) should be set aside, or whether the matter should instead proceed by maintaining status quo with an expedited trial.

Court's answer

Without adjudicating the merits afresh, the Court directed the parties to maintain status-quo and the learned Principal District Judge to expedite the trial in O.S.235/2022, considering the passage of time, that the respondents have been enjoying the order of injunction since April 2023 (unsuspended at admission), and that the parties may agitate their rights at trial.

Ratio / Principle

The Court directed that the issues in O.S. No.235 of 2022, if not framed, shall be framed within one week from receipt of a copy of the order, and thereafter the suit shall be disposed of on merits and in accordance with law on or before 30.04.2026.

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji, J.; 04-12-2025) disposes of CRP No. 2829 of 2024 (with connected CMP No. 15030 of 2024) filed under Section 115 of the Civil Procedure Code by A. Suthakar against K. Anusuya, C.Thangamani and Komathi, challenging the judgment dated 21.04.2023 of the Principal District Judge, Chengalpattu in C.M.A. No.10/2023, whereby the First Appellate Court had allowed the appeal against vacation of interim injunction in I.A.No.3 of 2022 in O.S. No.235 of 2022 and granted interim injunction to the respondents/plaintiffs. Declining fresh adjudication, the Court directed the parties to maintain status-quo, ordered expedited trial (issues, if unframed, to be framed within one week; suit to be concluded on merits on or before 30.04.2026), awarded no costs, and closed the connected CMP.

CRP No. 2829 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

CRP No. 2829 of 2024 and CMP NO. 15030 OF 2024

A. Suthakar

Petitioner

Vs

K. Anusuya 2.C.Thangamani

3.Komathi

Respondents

PRAYER:

Civil Revision Petition filed under Section 115 of the Civil Procedure Code, before this Court to set aside the fair and decretal order dated 21.04.2023 in CMA No.10/2023 confirming the order in I.A No.3 of 2022 in OS No.235 of 2022

passed by the Learned Principal District Judge, Chengalpattu.

For Petitioner: Mr.A.Suthakar For Respondents: Mr.B.Manoharan (R1 to R3)

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CRP No. 2829 of 2024

ORDER

The present revision is arising out of the Judgment dated 21.04.2023 passed in C.M.A. No.10/2023, on the file of Principal District Judge, Chengalpattu.

I find that the C.M.A. was filed against the order, vacating interim injunction in I.A.No.3 of 2022. The First Appellate Court had allowed the Appeal and granted interim injunction in favour of the respondents/plaintiffs. The said Judgment is under challenge in this civil revision petition.

Admittedly, the suit is of the year 2022 and the parties can agitate their respective rights and contentions at the time of trial. Considering the passage of time and the fact that the respondents have been enjoying the order of injunction from April 2023 the said order having not been suspended by this Court at the time of admission, I am inclined to direct the parties to maintain status-quo and the learned Principal District Judge shall proceed to expedite the trial in O.S.235/2022. I am informed by the learned counsel appearing on either side that pleadings were already completed and the issues, if not framed, shall be framed within a period of one week from the date of receipt of a copy of this order. Thereafter, the learned Trial Judge shall dispose of the aforesaid suit, on merits and in accordance with law, on or before 30.04.2026.

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CRP No. 2829 of 2024

With the above directions, this civil revision petition is disposed of. No

costs. Consequently, connected CMP is closed.

04-12-2025

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No arr

To

The Principal District Judge, Chengalpattu.

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CRP No. 2829 of 2024

P.B.BALAJI, J. arr

CRP No. 2829 of 2024 and CMP No. 15030 OF 2024

04-12-2025

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