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Madras High CourtCRP/3834/2015ordered

Rangasamy v. Rajeswari

2018-11-28Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.11.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH C.R.P.(PD) No.3834 of 2015 & M.P.No.1 of 2015 Rangasamy ...petitioner Vs.

1.Rajeswari 2.Subramaniyan ... Respondents PRAYER Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to setaside the Fair and Decreetal order dated 01.04.2015 made in I.A.No.669 of 2015 in O.S.No.200 of 2011 on the file of the II Additional District Munsif Court, Kallakurichi. For petitioner : Mr.R.Kumaravel For Respondents : Ms.R.Mohana Priya for Mr.EC.Ramesh ******

ORDER

Aggrieved by the rejection of the amendment application, the present Civil Revision Petition has been filed. The amendment sought for by the petitioner is with regard to item 5 of the suit schedule properties, wherein the Eastern boundary has been wrongly mentioned as 6 cents instead of 8 cents and hence they seek for amendment of item 5 of the suit properties in the Eastern boundary as 8 cents instead of 6 cents. The trial court had rejected the request stating that such an amendment is unnecessary.

2. Today, when the matter is called, learned counsel for the respondents submitted that she has no objection for the amendment being ordered. However, she also makes a request that since the suit is of the year 2011, the trial Court may be directed to dispose of it as expeditiously as possible. Since the learned counsel for the respondents had expressed no objection, the order passed by the learned II Additional District Munsif Court, Kallakurichi in I.A.No.669 of 2015 is set aside. Consequently, the amendment sought for by the petitioner in the said application in I.A.No.669 of 2015 is allowed.

3. The learned II Additional District Munsif, Kallakurichi shall also endeavor to complete the suit proceedings as expeditiously as possible, in any event, within a period of 6 months from the date of receipt of copy of this order.

4. With the above observations, this Civil Revision Petition is ordered. No costs. Consequently, connected miscellaneous petition is closed. 28.11.2018 Index: Yes/No Internet: Yes/No mfa To The II Additional District Munsif, II Additional District Munsif Court, Kallakurichi.

M.S.RAMESH. J., mfa C.R.P.(PD) No.3834 of 2015 & M.P.No.1 of 2015 28.11.2018