S.Shri Subitha v. P.Mariammal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 4TH DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN A.No.1487 of 2022 in C.S. No.682 of 2018 S.SHRI SUBITHA W/o.Dr.Saravanan, No.4/315, CLRI Nagar Road, Ruby Complex Road, Neelangarai, Chennai-600 115 ... Applicant / Plaintiff -Vs1. Mrs.P.MARIAMMAL W/o.Late N.Pitchaimani, B-15, Guhaas Apartments, Thiruvalluvar Salai, 2.Mr.P. SAKTHIKUMAR, S/o.Late N.PITCHAIMANI B-15, Guhaas Apartments, Thiruvalluvar Salai, Thiruvanmiyur, Chennai-600 041 3.Mrs.ADHI LAKSHMI, W/O.SENTHIL Flat No.71, Chaand Towers,
L.B. Road, Thiruvanmiyur, Chennai-600 041
4. Mrs.VIJAYALAKSHMI, W/o. BALAJI Plot No11, 1st Floor, Natco Colony, Kottivakkam, Thiruvanmiyur, Chennai-600 041.
5. Mr.A. JEYARAMAN, S/o ALAGARASAMY, 16/9, 11th Lane, Indira Nagar, Adyar, Chennai-600 020 6.Mr.A. GANESA PANDIYAN, S/o ALAGARASAMY 1/404, Vembuliamman Kovil Street, Kottiwalkam, Chennai-600 041 7.Mr. S. ALAGARASAMY 17, Kamaraj Nagar, Opp, BRIL Ink, 8.M/s. RAMANIYAM REAL ESTATES PVT. LTD., No.17/35, 2nd Main Road, Gandhi Nagar, Adyar, Chennai-600 020
9. JEYANTHI JEWELLERS No.69, L.B. Road ( Near Thiruvanmiyur Signal),
10. AMIRTHA ICE CREAM COMPANY No.69, L.B. Road,( Near Thiruvanmiyur Signal),
11. JAI SPORTS No.69, L.B. Road, (Near Thiruvanmiyur Signal),
12. GAJENDRA RUBBER STAMP WORKS, No.69, L.B. Road,
( Near Thiruvanmiyur Signal),
13. MERCY ELECTRONICES, No.69, L.B. Road,( Near Thiruvanmiyur Signal),
14. SAI GANESH ENTERPRISES, No.69, L.B. Road,( Near Thiruvanmiyur Signal), Thiruvanmiyur, Chennai-600 041.
15.Mr.MUTHU KUMAR No.69, L.B. Road,( Near Thiruvanmiyur Signal),
16. KONICA SILVER COLOR LAB No.69, L.B. Road,( Near Thiruvanmiyur Signal), Thiruvanmiyur, Chennai-600 041.
17. DARSHAN OPTICS No.69, L.B. Road,( Near Thiruvanmiyur Signal),
18. INDUS TOWERS LTD., No.5, ESSPEE IT PARK, Jawaharlal Nehru Street, (Opp Jaya TV), Ekkatuthangal, Chennai-600 032
19. TUMMY TICKLE 361, OMR ESCAPADE, Madha Kovil Street, Okkiam Thoraipakkam, Chennai-600 096
20. CRICKET DROME 361, OMR ESCAPADE, Madha Kovil Street, Okkiam Thoraipakkam, Chennai-600 096.
21. ACADEMY OF INDIAN MUSIC AND ARTS 361, OMR ESCAPADE, Madha Kovil Street, Okkiam Thoraipakkam, Chennai-600 096
22. KRIYATES RECREATION CLUB 361, OMR ESCAPADE, Madha Koil Street, Okkiam, Thoraipakkam, Chennai-600 096
23. MAS SCHOOL 361, OMR ESCAPADE, Madha Kovil Street, Okkiam Thoraipakkam, Chennai-600 096
24. KARATE TRAINING CENTRE 361, OMR ESCAPADE, Madha Koil Street, Okkiam Thoraipakkam, Chennai-600 096
25. MR. RANJITH BABA 361, OMR ESCAPADE, Madha Kovil Street, Okkiam Thoraipakkam, Chennai-600 096
26. RK CENTRING 5/534, Mada Kovil Street, Vivekananda Nagar, Okkiam Pettai, Thoraipakkam, Old Mahabalipuram Road, Chennai-600 096
27. Mr.KARUPIAH WARD 14, Veerammal Tea Shop, Kodaikanal Main Road, Dindigul District, Pannaikadu-624210 ... Respondents / Defendants
Application praying that this Hon'ble Court be pleased to AMEND THE PLEADINGS in the above Suit Plaint by inserting:- This application coming on this day before this court for hearing the court made the following order:
This application has been filed to permit the petitioner to amend the pleadings in the above suit.
2.Mr.J.Ashok, learned counsel, who has entered appearance on behalf of the applicant/plaintiff submitted that the earlier counsel had brought certain pleadings in the plaint, which were not exhaustive to substantiate the case of the plaintiff and hence, he has come forward with the present application seeking amendment in the pleadings in the above suit.
3. The learned counsel for the defendants 1 and 2 submitted that all the averments made in the present application are already set out in the original plaint and suit was ripe for trial. At this stage, only in order to protract the entire proceedings in the above suit, the applicant/plaintiff has filed the present application.
4. Heard both sides and perused the materials available on record.
5. A careful reading of the entire materials reveals that the averments which were put forth by the applicant are already narrated in the original plaint. Further, the plaintiff's father was hospitalised and died in the year 2015; the alleged Settlement Deed was executed in the year 2015; and the fraudulent act committed by the 2nd defendant and his accomplice had come to the knowledge of the plaintiff in the year 2016; a criminal case was registered on 29.11.2016 and the above suit was filed in the year 2018. All these facts are narrated in the original plaint itself. However, now the change of counsel had some opinion to change the language may not be a reason to amend the plaint.
6. In view of the above, there is no merit in this application and the same is liable to be dismissed. Accordingly this application is dismissed. Sd./-PVJ.
04/04/2022 //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. EVK 08/04/2022