R. Subramaniam v. Malliga

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-06-2025

CORAM

THE HONOURABLE MR.JUSTICE R. SAKTHIVEL in A.S.No. 115 of 2018 1.R. Subramaniam 2.S.Srinivasan 3.Rajeswari ... Petitioners [in both the applications]

Versus

1.Malliga 2.Balaji 3.Arun

...Respondents

[in both the applications] Prayers:

CMP.No. 4222 of 2023 filed under Order 6 Rule 17 of the Code of Civil Procedure, prays to permit the petitioners to amend the plaint Desription of the property in O.S.No. 227 of 2014 on the file of the learned III Additional District Judge, Salem, in the description of the property in the plaint in line 13 after the words "kid epyk; g{uht[k;" by inserting the words "kw;Wk; ,jpy; cs;s 15 Xl;L tPLfSk;. kw;Wk; ,uz;L jhh;R tPLfSk;".

CMP.No. 4223 of 2023 filed under Order 41 Rule 2 of the Code of Civil Procedure, prays to permit the petitioners to raise the additional grounds in the above appeal.

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For Petitioners : Mr.P.Jagadeesan For Respondents : Mr.P. Sathish ---- COMMON ORDER Heard the learned Counsel for the petitioners and the Respondent Nos. 1 to 3.

2.Despite sufficient opportunities to the Respondents, the respondents did not file counter.

3.The learned Counsel for the petitioners drew the attention to this Court to Paragraph No.8 of the plaint and submits that there are 15 tiled houses in the suit property, but due to oversight of the petitioners, the same were omitted to be mentioned in the plaint schedule property. Hence, he prays to allow these petitions.

4.Being satisfied with the reasons stated in the affidavit filed in support of these petitions, these petitions are allowed accordingly. 12.06.2025 1/2 MSM 2/3

R. SAKTHIVEL, J MSM in A.S.No. 115 of 2018 12.06.2025 3/3