Sampath v. Kanna Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN and M.P.No.1 of 2011 Sampath

...Petitioner

..Vs..

1.Kanna Gounder 2.Devarajan 3.Saradambal 4.Banu 5.Manickammal 6.Varadharaju Gounder 7.Rajamanickam Gounder 8.Pushpavalli 9.Malarkodi 10.Pachaiyammal 11.Radha 12.Valarmathi 13.Minor Saritha 14.Minor Kamaraj 15.Meena [cause title accepted vide order of the 1/6

Court dated 04.08.2011 made in M.P.2/11 in CRP.SR.No.77132/2010]

...Respondents

PRAYER: Civil Revision Petition filed under Section 115 of C.P.C, against the fair and decreetal order dated 30.11.2009 in I.A.No.294 of 2008 in I.A.No.337 of 1996 in O.S.No.894 of 1981 on the file of the Principal Distirct Munsif Court, Gingee.

For Petitioner : M/s.P.Veena Suresh For R1 : Mr.T.Dhanasekaran For R10 :Mr.M.Manivasagam Associates O R D E R This Civil Revision Petition is filed against the order passed in I.A.No.294 of 2008 for amending the decree and application for final decree has filed and the same was allowed and hence, this Civil Revision Petitioner filed by the petitioner/4th defendant. 2/6

2. The suit in O.S.No.894 of 1981 for partition and after preliminary decree I.A has been filed in I.A.No.337 of 1996 and I.A.No.294 of 2008 has filed. Challenging the order passed in I.A.No. 337 of 1996 wherein, the petitioner has sought for amendment of the decree.

3. It is submitted that the case has been disposed of and pursuant to the order of the amendment, final decree has also been passed and hence, with a liberty to agitate the matter in the appellate forum as stated in the Code of Civil Procedure.

4. With these observations, this Civil Revision Petition is dismissed. No costs. Consequently, connected M.P is closed. 10.02.2020 3/6

nvi Index:Yes/No Speaking Order:Yes/No To The Principal Distirct Munsif Court, Gingee.

4/6

RMT.TEEKAA RAMAN,J., nvi C.R.P.(NPD) No.

2975 of 2011 and M.P.No.1 of 2011 5/6

10.02.2020 6/6