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Madras High CourtA/3914/2025allowed

D.Vasudevan v. Mrs. Vittobai And Another

2025-09-17Honourable Dr.Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA AND CS NO. 177 OF 2013

1. D.Vasudevan S/o.Damodaran, Both are residing at No.9/17, Ayya Street, Royapettah, Chennai 600 014.

Applicant(s) Vs

1. MRS. VITTOBAI W/o.G.Mani, D/o.Ellaiya Naidu (Late) 4/10, Bharathiar Street, Santhoshapuram, Chennai 600 073.

K.Damodharan (Deceased) 2.Srinivasan S/o.Jaganathan Old No.5, New No.9, Chithirakulam South Street, Mylapore, Chennai 600 004.

Respondent(s)

PRAYER: Application is filed under Order XVI Rule 8 read with Section 152 and 153 C.P.C. to amend the Judgement dated 13/11/2024 in A.No.2130 of 2024 in C.S.No.177 of 2013 to incorporate one of the Legal representatives of 2nd Plaintiff namely D.Vasudevan (as per order dated 01/02/2017 in A.No.530 and 532 of 2017) on the first line of page No.16 in Para 1 and on the first line of Page No.2 in para 3 next to K.Damodaran as shown in the Annexure 1 and 2. For Applicant(s):

M/S.G.N. Shukumar For Respondent(s):

R1 Set Exparte Mr.G.RM.Palaniappan for R2

ORDER

This application has been filed to amend the Judgement dated 13/11/2024 made in A.No.2130 of 2024 in C.S.No.177 of 2013 to incorporate one of the Legal representatives of 2 nd Plaintiff namely D.Vasudevan (as per order dated 01/02/2017 in A.No.530 and 532 of 2017) on the first line of page No.16 in Para 1 and on the first line of Page No.2 in para 3 next to K.Damodaran as shown in the Annexure 1 and 2.

2. As per the note prepared by the Registry, it is learnt that there is a clerical mistake in including a portion of the suit property in the drafted decree. Hence, this Court is inclined to allow this application.

3. The learned counsel for the second respondent has stated no objection for allowing this application.

4. Accordingly, this application is allowed. The Registry is directed to carry out the above amendments in the decree and issue a fresh decree forthwith.

17-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn

R.N.MANJULA J.

bkn AND CS NO. 177 OF 17-09-2025