Tharabai v. Amaravathi(Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P(PD).No.809 of 2019 & C.M.P.No.5317 of 2019 1.Tharabai 2.Shanmugasundaram 3.Muthukrishnan

...Petitioners

Vs 1.Deivanai ammal 2.Kamala 3.Indira 4.Dhanalakshmi 5.Ganapathi 6.Velmurugan 7.Bhuvaneswari 8.Thilakarasi 9.Bavani 10.Anandi

11.Jaya 12.Rajeswari 13.Geetha 14.Amsavalli 15.Savithri 16.Kalaiselvi 17.T.K.Ravi 18.M.U.G.Thirumavalavan 19.R.Rajmohan 20.K.Karthikeyan 21.K.Tamisharasan 22.V.T.Raja 23.Saichandra 24.Natarajan 25.Santhi 26.Nagarajan 27.Raj ... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India against the fair and decreetal order passed in

I.A.No.182 of 2018 in O.S.No.232 of 2012 on the file of the II Additional District Judge, Chidambaram, order dated 01.12.2018. For Petitioners :

Mr.S.Veeraraghavan For Respondents :

M/s.R.Meenal

ORDER

The above Civil Revision Petition is filed by the defendants 1, 10 and 11, challenging the order passed by the learned II Additional District Judge, Chidambaram in I.A.No.182 of 2018 in O.S.No.232 of 2012 in allowing the amendment petition filed by the plaintiffs. 2.The said amendment relates to the suit Item No.5 of the property. The amendment was necessary on account of the defense which has been taken by the defendants 1, 10 and 11 that suit Item No.5 is not the trust property and that it is a private property. The written statement in the above suit has been filed in the month of January 2018 and the same defense has been reiterated in the additional written statement which has been filed on 18.07.2018. Since the original written statement had been filed, the plaintiffs have

taken up the application seeking to amend the prayer by introducing an alternative relief of partition and separate possession of the 2/7th share in suit Item No.5 that in the event of the Court coming to the conclusion that suit Item No.5 is not trust property then the plaintiffs are entitled to relief of partition in respect of suit Item No.5. 3.It is seen that amendment has been taken at the very first instance when the defendants have filed their written statement. I find no infirmity in the order passed by the learned II Additional District Judge, Chidambaram in allowing the amendment petition. The Civil Revision Petition is dismissed. There shall be no order as to costs. Consequently, connected Civil Miscellaneous Petition is also closed.

01.03.2019 kan Index: Yes/No Speaking order/non-speaking order To, The II Additional District Judge, Chidambaram.

P.T.ASHA, J., kan C.R.P(PD).No.809 of 2019 & C.M.P.No.5317 of 2019 01.03.2019