R.Maddhiyalagan v. M.Vennila

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 19th DAY OF NOVEMBER 2018 THE HON'BLE DR. JUSTICE ANITA SUMANTH A. No.5623 of 2018 in C.S. No.954 of 2005

1. R.Madhiyalagan residing at No.6, Karpagavinayagar Street, (6th Cross Street, 4th Main Road, Tirupathi Nagar, Kolathur, Chennai 99.

2. M.Vennila residing at P.No.13, Parvathi Nagar, Kollachery Kundrathur, Chennai 39.

3. R.Annathurai residing at No.3/4, Gangai Avenue, Sakthi Nagar, 5th Street, Ramapuram, Chennai - 89.

4. R.Dhanapal residing at No.1, C.G.Colony, 2nd Lane, Royapuram, Chennai 13.

... Plaintiffs -Versus1. K.Porselvi residing at No.32, U Block, Anna Nagar, Chennai 600 040.

2. N.Niraiselvi residing at No.G 57/1, V.O.C. Main Road, Anna Nagar East, Chennai 102.

3. R.Saroja residing at No.1/10, Mandaveli Amman Koil Cross Street,

4. R.Selvakumar residing at Door No.1, New Street, Thousand Lights, Chennai 600 006.

5. R.Manoharan residing at No.4, 2nd Cross Street,

Sastry Nagar, Adyar, Chennai 20.

6. V.Banumathy residing at No.1/10, Mandaveli Amman Koil Street, (*) 7. Mrs.Seetha Viswanathan, residing at No.3, Thiruvengadam Street, Adyar, Chennai 36.

(*) 8. Mr.R.Ravichandran (Died) (* Defendants 7 and 8 impleaded as per the order dated 7.12.2011 in A.No.5625 of 2011) (*) 9. Radha Ravichandran w/o. late Ravichandran No.188 (125/1), V.M.Street, Mylapore, Chennai 4.

(*) 10. Deepthi Ravichandran D/o. late Ravichandran No.188 (125/1), V.M.Street, Mylapore, Chennai 4.

(*) 11. Shruti Ravichandran, D/o. late Ravichandran No.188 (125/1), V.M.Street, Mylapore, Chennai 4.

(*) Amended as per order dated 06.06.2014 in A.No. 3197 of 2014.

... Defendants A.No.5623 of 2018:

1. R.Madhiyalagan residing at No.6, Karpagavinayagar Street, (6th Cross Street, 4th Main Road, Tirupathi Nagar, Kolathur, Chennai 99.

:Applicant/1st Plaintiff -Vs.-

1. M.Vennila residing at P.No.13, Parvathi Nagar, Kollachery Kundrathur, Chennai 39.

2. R.Annathurai residing at No.3/4, Gangai Avenue, Sakthi Nagar, 5th Street, Ramapuram, Chennai - 89.

3. R.Dhanapal residing at No.1, C.G.Colony, 2nd Lane, Royapuram, Chennai 13.

... Respondents/ Plaintiffs 1 to 3

4. K.Porselvi residing at No.32, U Block, Anna Nagar, Chennai 600 040.

5. N.Niraiselvi residing at No.G 57/1, V.O.C. Main Road, Anna Nagar East, Chennai 102.

6. R.Saroja residing at No.1/10, Mandaveli Amman Koil Cross Street,

7. R.Selvakumar residing at Door No.1, New Street, Thousand Lights, Chennai 600 006.

8. R.Manoharan residing at No.4, 2nd Cross Street, Sastry Nagar, Adyar, Chennai 20.

9. V.Banumathy residing at No.1/10, Mandaveli Amman Koil Street,

10. Mrs.Seetha Viswanathan, residing at No.3, Thiruvengadam Street, Adyar, Chennai 20.

11. Mr.R.Ravichandran (Died) (* Defendants 7 and 8 impleaded as per the order dated 7.12.2011 in A.No.5625 of 2011)

12. Radha Ravichandran w/o. late Ravichandran No.188, (125/1) V.M.Street, Mylapore, Chennai 600 004.

13. Deepthi Ravichandran D/o. late Ravichandran No.188 (125/1), V.M.Street, Mylapore, Chennai 4.

14. Shruti Ravichandran, D/o. late Ravichandran No.188 (125/1), V.M.Street, Mylapore, Chennai 4.

Defendants 9 to 11 are impleaded as per the order of the court dated 6.6.2014 in A.No. 3197 of 2014.

Respondents/Defendants Application praying that this Hon'ble Court be pleased to amend the schedule to the plaint by including the House property at 1, New Street, Thousand Lights, Chennai 600 006 as item 4 of the plaint schedule the description of which is given in the judges summons. This Application coming on this day before this court for hearing in the presence of Mr.M.Kamalanathan, Advocate for the applicant herein and Mr.J.Jyothish Chander, Advocate for the 4th respondent herein and Mr.B.Damodaran, Advocate for the 5th respondent herein and Mr.A.

Alagarsamy, Advocate for the respondents 7 & 9 herein and upon reading the judge's summons and the affidavit of Madhiyalagan, filed herein and this court having observed that the only reason stated by the applicant seeking inclusion of the property at this belated juncture is that this information was given to him only now by one of the defendants, this statement is, by itself, vague and none of the respondents are seen to corroborate this averment, thus the applicants have not explained the reason for waiting for five (5) long years in approaching the court with the present request, It is ordered:- That the A.No. 5623 of 2018 be and is hereby rejected.

WITNESS THE HON'BLE SHRIMATI.VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 19th DAY OF NOVEMBER 2018. Sd./- ASSISTANT REGISTRAR (O.S.II) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SK 04.12.2018 A. No.5623 of 2018 in C.S. No.954 of 2005

ORDER

DATED : 19.11.2018 THE HON'BLE DR.JUSTICE ANITA SUMANTH FOR APPROVAL: 07.12.2018 APPROVED ON: 07.12.2018