Arumugha Gounder v. Allimuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2016

CORAM

THE HON 'BLE Dr. JUSTICE. S.VIMALA Civil Revision Petition (NPD) No.561 of 2016 and C.M.P.No.2824 of 2016 Arumugha Gounder ... Petitioner / plaintiff Vs.

1. Allimuthu

2. Sarasu

3. Mallappan

4. Kannan ... Respondents / defendants Prayer :- Civil Revision Petitions (NPD) filed under Article 227 of the Constitution of India to set-aside the fair and decreetal order, dated 18.04.2015, in I.A.No.102 of 2014 in A.S.No.29 of 2012 on the file of the Subordinate Court at Sankari.

For Petitioner : Mr. P.Valliappan - - -

O R D E R

The plaintiff is the Revision Petitioner. The plaintiff has sought for an amendment of the description of the property before the Appellate Court and the appellate court has chosen to dismiss the same, as against which this Revision Petition has been filed.

S.VIMALA, J., srk

2. It is only the respondents / defendants, who could dispute the identity of the property and once the respondents did not raise any objection, disputing the description of the property, the Application for amendment is totally unnecessary.

3. Giving the very same reason, the Court below has chosen to dismiss the Application for amendment of the description of the property. In such circumstances, this Civil Revision Petition has no merits and it is liable to be dismissed.

4. In the result, this Civil Revision Petition is dismissed. No costs. Consequently, the connected CMP is closed. 01.03.2016 srk To

1. Subordinate Court at Sankari

2. The Section Officer, V.R.Section, Madras High Court, Chennai - 104 CRP (NPD) No.561 of 2016 & C.M.P.No.2804 of 2016