2025:UHC:8507 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CLR No. 11 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Siddhant Manral, learned counsel for the revisionist. 2. Mr. Sagar Kothari, learned counsel for the respondent. 3. By the instant revision the revisionist is assailing the order passed by the Trial Court, whereby, the Trial Court passed an order to proceed ex parte. In addition to this, the revisionist is also challenging the order dated 26.07.2024, whereby on an application of the plaintiff the written statement filed by the defendants was also returned. 4. On the previous occasion, taking into consideration that the dispute is in between the two real brothers the attempts were made for their amicable settlement through their respective counsel, but no amicable settlement could be arrived in between the parties. In such an eventuality, this court is of the view that the dispute in between both the brothers has to be decided by the Trial Court. 5. Since, the Trial Court passed an order to proceed exparte against the revisionist, who is the defendant in the suit, therefore, for substantial justice particularly when both the parties are real brother could not arrive for their amicable settlement, the orders impugned are set aside and the matter is remanded back to the Trial Court with the direction that the Trial Court expedite the trial in accordance with law positively within three months from the date of production of certified copy of this order. 6. It is made clear since the order passed by the Trial Court by which the written statement was returned back to the defendant is set aside, the written statement shall be treated to be part of the Trial Court proceeding. 7. Subject to the discussions/observations and the directions as above, the present civil revision is 2025:UHC:8507 disposed of finally. (Rakesh Thapliyal, J.) 23.09.2025 PR