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Madras High CourtA/7493/2015ordered

Sathappan (Deceased) v. P.S. S. Somasundaram Chettiar

2023-03-21Honourable Ms Justice R.N.Manjula3 pages

A. Nos.7493 & 7494 of 2015 in A.Nos.1680 & 1681 of 1997 and A.Nos.3483 & 3484 of 2014 in C.S. No.188 of 1972 R.N.MANJULA, J.

The applicants have filed the applications in C.S.No.188 of 1972 for the following reliefs:

S.Nos Applications Relief sought for A.No.7493 of 2015 To permit the applicant / plaintiff to amend the schedule in application No.1680 of 1997 in C.S.No.188 of 1972.

2.

A.No.7494 of 2010 To permit the applicant / plaintiff to amend the schedule in application No.1681 of 1997 in C.S.No.188 of 1972.

3.

A.No.3483 of 2014 To permit the applicants to amend the prayer in application No.1680 of 1997.

4.

A.No.3484 of 2014 To permit the applicants to amend the prayer in application No.1681 of 1997.

2. The fourth respondent in A. Nos.1680 & 1681 of 1997 has filed his counter by stating that two of the properties which have been stated by him in Paragraph No.'3' of the counter though found place in the preliminary decree, the same were not included in the final decree petition. However the learned counsel for the applicant objected the same.

3. But the issue with regard to the above submission can be dealt at the time of hearing the final decree proceedings.

4. Since the above applications have been filed consequent to the judgment made in O.S.A. Nos.261, 237, 284 of 1996 and also due to the death of D1 and D7, the applications can be allowed without prejudice to the contentions of the respective parties.

5. Accordingly these applications are allowed. The plaintiffs shall carry out the necessary amendments and filed a copy of the same by 11.04.2023.

21.03.2023 bkn

R.N.MANJULA, J.

bkn A. Nos.7493 & 7494 of 2015 in A.Nos.1680 & 1681 of 1997 and A.Nos.3483 & 3484 of 2014 in C.S. No.188 of 1972 21.03.2023