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Madras High CourtA/1331/2021ordered

S Abdul Rasheed Family Trust v. K Ramesh Babu And Another

2021-04-26Honourable Mr Justice T. Ravindran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-04-2021

CORAM:

HONOURABLE MR JUSTICE T. RAVINDRAN A. 1331 of 2021 OP. 506 of 2020 1.S Abdul Rasheed Family Trust Rep by its Trusties and Beneficiaries, 1.S.R.Suhali, 2.S.R.Rumman Nandi Building, Ground Floor, No.56/5, Bowring Hospital Road, Bangalore-560 001 [ PETITIONER ] Vs 1.K Ramesh Babu and another Both residing at No.9, Subramaniyapuram 3rd Street, Kolathur, Chennai 600 099.

[ RESPONDENT ]

ORDER

1.

Both counsel present and heard.

2. The Original Petition has been laid under section 34 of the Indian Trust Act 1882, seeking permission to sell the Trust property.

3. It is found that after the matter had been referred to the Master for recording evidence in support of the petitioner's case, P.W.1 has been examined. Exs.P1 to P9 had been marked and after the closure of the evidence,the matter had been ordered to be listed for orders. Meanwhile, the present applicaiton has been laid by the petitioner seeking to amend the schedule of the main O.P as according to the petitioner, the property comprised in S.No.479/7 had been omitted inadvertently and therefore the schedule of the property appended to the petition required to be amended.

4. As rightly contended by the petitioner's counsel that by way of the amendment, the petitioner is not seeking any change of cause of action and only required the schedule of the property to be amended by including the property comprised in S.No.479/7 measuring an extent of grounds and sq.ft.

5. Counsel for the respondent has putforth that he has no objection to the amendment application being ordered as prayed for . https://www.mhc.tn.gov.in/judis/

6. In the light of the abovesaid factors, the application for

amendment is ordered.

7. The petitioner's counsel is directed to carry out the amendment and file the amended petition copy. Post the matter in the second week of June 2021.

(TRNJ) 26-04-2021 Index: Yes/No Internet: Yes Speaking/Non Speaking M.FLORILDA https://www.mhc.tn.gov.in/judis/