Madras High CourtCRP/1444/2004dismissed with liberty

v.

2023-08-09Honourable Mr Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN K.A.Krishnamoorthy .. Petitioner Vs.

1.Jagadambal Ammal 2.Mallaiah @ Mohan 3.Basava 4.Krishnabai (Deceased) 5.Saraswathi 6.Chinna Thambi 7.Paramasivam 8.Padmanaban 9.Sundaram 10.G.Sambandham 1/6

11.N.Meena (Died) 12.S.Kamala 13.S.Jamuna 14.N.Vathsala (Deceased) 15.S.Rajesh 16.Devasena 17.Ashok 18.Krithika 19.S.Shankar 20.S.Raja 21.Lokambal 22.Saranya 23.N.Shalini 24.N.Divya (Cause title accepted vide order dated 23.06.2004 mdae in C.M.P.No.9077 of 2004) (4th respondent died. Respondents 16 to 22 brought on record as LR's of the deceased R4 viz. Krishnabai vide Court order dated 15.11.2017 made in CMP.Nos.2785 to 2787/2005 in CRP(PD)No.1444/2004) 2/6

(14th respondent died. R23 and R24 brought on record as LR's of the deceased 14th respondent N.Vathsala vide Court order dated 15.11.2017 made in CMP.No.717/2013 in CRP(PD)No.1444/2004) (Respondents 17 and 18 declared as major and their natural guardian E.Devasena is discharged from the guardianship vide Court order dated 12.04.2022 made in CMP.Nos.6494, 6495, 6502 & 6498/22) (22nd Respondent declared as major and her natural guardian S.Lokambal is discharged from the guardianship vide Court order dated 12.04.2022 made in CMP.Nos.6487 and 6489/22 in CRP.(PD)No.1444 of 2004.) 25.N.Vinothkumar 26.N.Praveen Kumar 27.N.Narain Kumar .. Respondents (11th respondent Died. Respondents 25 to 27 brought on record as LR's of the deceased R11 viz., N.Meena vide Court order dated 28.07.2023 made in CMP.Nod.4338, 4339 and 4341 of 2023 in CRP.No.1444 of 2004). PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decretal order dated 30.04.20023 made in I.A.No.54 of 1982 in O.S.No.203 of 1978 on the file of the Sub Court, Tiruvannamalai.

For Petitioner : Mr. S.Parthasarathy, Senior Counsel for M/s.Sarvabauman Associates 3/6

For R2 : Mr. K.Krishnan for Mr.T.R.Rajaraman For RR5, 12, 13 and 15 : Mr. T.R.Thirumalaisamy For RR3, 6 to 9 and 16 : No appearance For RR1 and 10 : Dismissed vide Court order, dated 08.02.2023 For RR17 to 27 : Mr. K.A.Vimal Kumar

ORDER

The petition for amendment of the plaint alone without amending the preliminary decree especially, during the time of final decree petition, is not maintainable. The appropriate remedy is to seek for amendment of the plaint as well as the amendment of the preliminary decree.

2. When this was pointed out by the learned Senior Counsel Mr.S. Parthasarathy representing the learned counsel for the petitioner, he seeks liberty to withdraw the present application with a permission to move a fresh application to amend the plaint as well as the decree. The 4/6

liberty is granted. The application in I.A.No.54 of 1982 in O.S.No.203 of 1978 on the file of the Sub Court, Tiruvannamalai, will stand dismissed as withdrawn.

3. In view of the above submissions and the liberty granted, the Civil Revision Petition is dismissed as infructuous. No costs. 09.08.2023 Index:Yes/No Speaking Order :Yes/No kj To The Subordinate Judge Tiruvannamalai.

5/6

V.LAKSHMINARAYANAN,J.

Kj 09.08.2023 6/6