A.S.Raghavan And 7 Others v. The Executive Officer And Another

A.No.598 of 2024 in C.S.No.167 of 2022 N.SATHISH KUMAR, J.

This application has been filed seeking to permit the applicants/plaintiffs to amend the schedule to the plaint, by deleting certain door numbers originally mentioned in the plaint. 2.The suit has been filed originally for recovery of possession of the properties of the trust. At the time of filing the suit, the plaintiffs asserted that Door Nos.86 to 103 are the suit properties, wherein, a stand has been taken by the defendants to the effect that the temple is interested only in respect of Door Nos.86 to 92 and 96 to 102 & 102A. In view of such stand taken by the defendants, now, the applicants/plaintiffs have come up with this application to amend the suit by incorporating the correct door number and also deleting door numbers which are already set out in the plaint.

3. I have perused the entire materials placed on record. Since, the identity of the property is not in dispute by the respondents/defendants and the respondent temple is also concerned only with the Door Nos.86 to 92 and 96 to 102 & 102A, allowing this application in view of this Court will not change the character of the suit. What was sought is only to give a correct description of the property.

https://www.mhc.tn.gov.in/judis

N.SATHISH KUMAR, J.

4. Such view of the matter, the amendments as prayed for, is ordered. The Registry is directed to carry out the necessary amendments and the plaintiffs shall file the amended plaint copy by 12.03.2024. The copy of the amended plaint copy be served in advance to the defendants and the defendants are at liberty to file reply statement to the amended plaint copy, if any.

5. Post on 12.03.2024.

26.02.2024 dhk A.No.598 of 2024 in C.S.No.167 of 2022 (1/2) https://www.mhc.tn.gov.in/judis