M. Sowriath Beevi., And Another v. M. Khaja Basheer., And 14 Others

A.Nos.3508 and 3509 of 2021 in CS No.635 of 2018 ABDUL QUDDHOSE, J.

The suit has been filed for partition.

2. The matter was referred to Mediation before the Madras High Court. Mediation Centre. Since the Mediation failed, the matter has been sent back to this Court by the Mediation Centre.

A.No.3508 of 2021: Application has been filed to permit the applicants by amending the plaint schedule by adding "E"Schedule property. A.No.3509 of 2021: Application has been filed to implead Mrs.Rabiathul Basaria, W/o M.Khaja Basheer, aged about 46 years residing at Old Door Nos.4 and 5, New Door No.9, United India Colony, 3rd Cross Street, Kodambakkal, Chennai 600 024 as 15th Defendant in the suit in the long cause title and also in the short cause title.

3. Learned counsel for the respondents, on instructions, would submit that the proposed respondent is not a necessary party for the effective adjudication of the suit. However, he submits that without prejudice to the rights and contentions of the first defendant in the main suit, both the applications can be allowed.

4. After recording the submission made by the learned counsel for the respondents and having satisfied with the reasons stated in the affidavits filed in support of the petitions, these applications are allowed as prayed for. https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE, J.

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5. However, liberty is granted to the first defendant to raise all his objections available to him under law with regard to the contentions made by him in the counter affidavit in Application Nos.3508 and 3509 of 2021 in the written statement to be filed by the first defendant in the main suit.

6. Learned counsel for the plaintiff is directed to carry out necessary amendment and serve the amended copy of the plaint on the respective defendants' counsels.

24.11.2021 sr A.Nos.3508 and 3509 of 2021 in CS No.635 of 2018 https://www.mhc.tn.gov.in/judis