R.S.Karunamoorthy v. Nanjammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA CRP.(NPD).No.1561 of 2019 and C.M.P.No.10206 of 2019 R.S.Karunamoorthy ..Petitioner/18th Defendant Vs.

Karupathal(Died) 1.Nanjammal 2.Marathal 3.Kuppusamy 4.Marimuthu 5.Velusamy 6.Palanisamy 7.Santhamani 8.Kanniammal 9.Vasanthi ..Respondents 1-9/Plaintiffs 10.Kaliappan 11.Subathal 12.Lakshmi 13.Poovathal 14.Papee (alias) Pappammal 15.Natarajan 16.Rangathal 17.Venkatachalam alias Venkatachalamoorthy 18.Poovathal 19.Maanikathal 20.Maruthathal

21.Lakshmi 22.Lakshmanan 23.Ramathal 24.Dhanavanthan 25.Mahalingam 26.Thamaraisamy ..Respondents/Defendants 1-17 This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and final order and decree passed by the learned III Additional Subordinate Judge of Coimbatore dated 27.11.2018 in I.A.No.676 of 2018 in O.S.No.946 of 2012. For Petitioner : Mr.Mathuvanthy Mathavan

O R D E R

The above Civil Revision Petition is filed challenging the order passed by the learned III Additional Sub Judge, Coimbatore in I.A.No.676 of 2018 in O.S.No.946 of 2012, in and by which, the learned Judge has allowed the amendment to be effected in the schedule of property in keeping with the written statement that has been taken out by the respondent.

It is seen that the application for amendment has been taken out at the time when the matter was posted for arguments. However, considering the fact that the amendment does not effect any change to the character or the nature of the suit, the learned Judge had allowed the same and this Court does not find any infirmity in the order, though, Mrs.Mathuvanthy Mathavan, learned

counsel for the petitioner would vehemently oppose the same by stating that by allowing the amendment their entire defence would be affected.

In my considered opinion, the defence does not in any manner get changed because, it is only the extent of the property that has been reduced and neither the pleadings nor the property has been amended. This Court does not find any infirmity in the order passed by the learned III Additional Sub Judge, Coimbatore.

In the result, the Civil Revision Petition stands dismissed and order passed in I.A.No.676 of 2018 in O.S.No.946 of 2012, by the learned III Additional Sub Judge, Coimbatore, stands confirmed. No costs. Consequently, connected miscellaneous petition is also closed.

25.04.2019 dua Index: Yes/No Internet: Yes/No Speaking order / Non-speaking order To The III Additional Subordinate Judge, Coimbatore.

P.T.ASHA, J.

dua CRP.(NPD).No.1561 of 2019 and C.M.P.No.10206 of 2019 25.04.2019