Madras High Court

CRP/5762/2026 of P.Goverthanan Vs Hinustan Dorr Oliver Limited on 25 September 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

CRP No. 5762 of 2026 and CMP No.24869 of 2026

CNR:{HCMA012144582026}

1. P.Goverthanan

S/o.A.K.Parankusam, No.4/231A, 2nd

Cross Street, MGR Salai, Palavakkam,

Chennai 600041

Petitioner(s)

Vs

1. Hinustan Dorr Oliver Limited

Dorr Oliver House, Chakkalaandheri (East)

Mumbai 400099 Mr.T.Arul,

S/o.Thirunavukkarasu, Residing at No.18, Govindhan Street, Ayyavu Colony, Arnainthakarai, Chennai 600029.

2.Manoharan

S/o.Munusamy, No.32, Ambedkar Street,

Palavakkam, Chennai 600031.

Respondent(s)

Revision filed under Article 227 of Constitution of India to direct the Sub Court, Alandur to number, take on file and decide the IA SR No.5142 of 2026 in

I.A.No.1 of 2024 in I.A.SR.No.1665 of 2021 in O.S.No.39 of 2008 expeditiously and dispose of the same within the time to be stipulated by this Court.

For Petitioner(s):

Mr.V.C.Janarthanan

For Mr.R.Ragavendran

For Respondent(s):

Mr..P.Thirupathi Raj

For R.1

Mr.R.Thiagarajan

For R.2

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ORDER

Heard Mr.V.C.Janarthanan, learned counsel for the revision petitioner and Mr.P.Thirupathi Raj, learned counsel for the first respondent and Mr.R.Thiagarajan, learned counsel for the second respondent.

2. The revision petitioner is the first defendant in O.S.No.39 of 2008. The suit was originally filed before the Sub Court, Poonamallee and thereafter, it has seen a series of transfers and now presently, the present suit is before the Sub Court, Alandur.

3. Inspite of interlocutory applications having been filed for setting aside the exparte orders, condone delay applications etc., it is an admitted fact that the application for condonation of delay filed by the second defendant has been dismissed on 02.09.2026 and delivery has been ordered. In the meantime, the petitioner has taken out application for restoration of I.A.No.1 of 2024, which was an application seeking condonation of delay of 3729 days in filing the application to set aside the exparte decree. The said application I.A.No.1 of 2024 also came to be dismissed and in order to restore the same, I.A.SR.Nos.5142 of 2026 has been filed to condone a delay of 385 days in restoring I.A.No.1 of 2024. According to the learned counsel for the petitioner, I.A.SR No.5142 of 2026 is not being taken up and preference is being given to the other applications, which is causing serious prejudice to the revision petitioner.

4. Mr.R.Thiagarajan, learned counsel appearing for the second respondent would state that the application filed by the second defendant has been dismissed, and revision petitions have already been filed before this Court.

5. In the mean time, the first respondent taking advantage of the decree for delivery passed on 02.09.2026 is attempting to dispossess the petitioner. The petitioner has admittedly filed interlocutory applications seeking to set aside the exparte decree. The fate of those applications will have to be decided before the actual delivery is effected.

6. In view of the fact that the petitioner’s application in I.A.SR.No.5142 of 2026 is not being taken up, I am inclined to dispose of the civil revision petition with the

P.B.BALAJI.,J sr following directions:

(i) The Sub Court, Alandur shall number IA SR No.5142 of 2026, if it is otherwise in order and shall dispose of the application on or before 09.10.2026.

(ii) Till 09.10.2026, the execution proceedings shall be deferred. No costs. Consequently, the connected miscellaneous petition is closed. 25.09.2026 Index:yes/no Website:yes/no Speaking Order/Non-speaking Order sr To The Sub Court, Alandur

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