Subramani v. Shanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2023

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.R.P.No.1812 of 2015 and M.P.No.1 of 2015 Subramani ... Petitioner Vs 1.Shanthi 2.Palaniswany 3.Meenakshi 4.Sivagami 5.Valliammal ... Respondents PRAYER:-Civil Revision Petition filed under Section 115 of the Code of Civil Procedure to under Article 227 of the Constitution of India against fair and decreetal order dated 20.02.2015 passed in I.A.No.1039 of 2013 in O.S.No.83 of 2012 by the learned Principal District Judge, Tiruppur. For Petitioner : Mr.C.Munusamy For Respondents : Mr.R.Prabakar for R1 R2 to R5 - given up

ORDER

This Civil Revision Petition has been filed to set aside the order 1/3

dated 20.02.2015 passed in I.A.No.1039 of 2013 in O.S.No.83 of 2012 by the learned Principal District Judge, Tiruppur. 2.

In a suit for partition, the plaintiff seeks to amend the description of the property. Whether the property have been susceptible division or not is the matter which has to be gone into only at the time of trial. The frame of the suit and the relief sought for in the suit remains untouched. It satisfies the requirement of Order VI Rule 17 of the Civil Procedure Code. Therefore, I am not inclined to interfere with the order dated 20.02.2015 passed in I.A.No.1039 of 2013 in O.S.No.83 of 2012 by the learned Principal District Judge, Tiruppur. 3.

Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 08.08.2023 gba Index: Yes/ No Speaking order: Yes/ No To 2/3

The Principal District Court, Tiruppur.

V. LAKSHMINARAYANAN Gba C.R.P.No.1812 of 2015 and M.P.No.1 of 2015 3/3

08.08.2023 4/3