Mr. G. Sampath v. Dr. Selvi S
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 THE HON'BLE MR. JUSTICE P.VELMURUGAN A.No.3662 of 2021 in C.S. No.547 of 2019 Dr.Selvi S W/o.G.Sampath No.W-426-D, 2 nd Avenue, 'C' Sector, Anna Nagar West Extension, Chennai-101.
..Plaintiff -VersusMr.G.Sampath, Son of P.Gopal No.56/134, South Redhills Road, Villivakkam, Chennai.
..Defendant A.No.3662 of 2021:- G.Sampath, S/o.P.Gopal No.56/134, South Redhills Road, Villivakkam, Chennai600 049.
..Applicant -Versus-
Dr.S.Selvi W/o.G.Sampath No.W-426-D, 2 nd Avenue, 'C' Sector, Anna Nagar West Extension, Chennai-600 101.
..Respondent Application praying that this Hon'ble Court be pleased to add Schedule E Property after Schedule D Property in Page 13 of the Plaint as mentioned in the Schedule E Property.
This application coming on this day before this court for hearing, the Court made the following order :- The application in A.No.3662 of 2021 has been filed by the defendant for including the schedule E property mentioned in the application after schedule D property in the plaint.
2. Learned counsel for the applicant/defendant would submit that schedule E property was left out in the plaint and hence, this application for including the schedule E property mentioned in the application after schedule D property in the plaint has to be allowed.
3. Learned counsel for the respondent/plaintiff would submit that this property is nothing to do with the partition. Therefore, the schedule E property need not be
included.
4. Heard the counsel for the parties and perused the materials available on record.
5. Originally, the applicant/defendant has not stated anything about the said property in anywhere in his written statement. Therefore, he cannot take a different stand and file this application now. Accordingly, this application is dismissed.
6. Post the matter for framing of issues on 24.02.2022. Sd./-PVJ 16/02/2022 //Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 18/02/2022