Mohanraj v. Durai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Civil Appellate Jurisdiction ) Wednesday, the Twelfth day of January Two Thousand Twenty Two PRESENT THE HON`BLE MR.JUSTICE RMT.TEEKAA RAMAN CMP.NO.6374 OF 2018 IN SA.NO.371 OF 2013 MOHANRAJ [ PETITIONER ] Vs DURAI [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the Petitioner/Respondent to amend the extent of property as 1659 sq.ft. instead of 659 sq.ft. in the Schedule of Property of the plaint in O.S.No.187 of 2010 on the file of Principal Subordinate Court, Cuddalore and consequentially direct the registry to amend extent of property as 1659 sq.ft., instead of 659 sq.ft., in the Schedule of Property mentioned in the decree passed in O.S.NO.187 of 2010 on the file of Principal Subordinate Court, Cuddalore and in the decree in A.S.

No.25 of 2012 on the file of Principal District Court, Cuddalore (CMP.NO.6374/2018 in SA.NO.371/2013) Order : This Miscellaneous petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.T.S.BASKARAN, Advocate for the petitioner, the court made the following order:- C.M.P.No.6374 of 2018 has been filed to amend extent of property as 1659 sq. ft. instead of 659 sq. ft. in the schedule of property of the plaint in O.S.No.187 of 2010 on the file of the Principal Sub Court, Cuddalore.

2.Sufficient time was granted for filing counter affidavit. 3.Learned counsel for the Petitioner in CMP contended that there is no finding by the trial Court, regarding the extent or dispute of the extent.

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4.Considering the submissions made by the learned counsel for the Petitioner, being satisfied with the reasons stated in the affidavit filed in support of the Petition, and since it is a typographical error, in the interest of justice, C.M.P.No.6374 of 2018 is allowed.

-sd/- 12/01/2022 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL DISTRICT JUDGE, CUDDALORE.

2 THE PRINCIPAL SUBORDINATE JUDGE, CUDDALORE.

Order in CMP.NO.6374 OF 2018 IN SA.NO.371 OF 2013 Date :12/01/2022 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format PM(23/02/2022) https://hcservices.ecourts.gov.in/hcservices/