Madras High CourtCRP/2431/2021disposed of

Lakshmi v. Janaki

2022-11-09Honourable Mrs Justice R. Hemalatha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2022

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA and C.M.P.Nos.18464 of 2021 & 5817 of 2022 1.Lakshmi 2.Rajendran ... Petitioners ..Vs..

1.Janaki 2.Govindan Bhoopathy (Died) 3.Vanaja 4.Saravanan 5.Selvam 6.Usha ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India to direct the XVII Assistant City Civil Court the orders passed in I.A.No.7963 of 2010 in O.S.No.5720 of 2006 dated 25.03.2019 which is against the order dated 30.01.2019 in I.A.No.12072 of 2017 and directing the first respondent to strike out the illegal pleadings carried out in the cause title and schedule of the original plaint of the suit as well as in the schedule of the final decree on the file of XVII Assistant City Civil Court.

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For Petitioners : Mr.K.Gunasekaran For R1 : Mr.K.P.Chandrasekaran

ORDER

The revision petitioners are the petitioners 1 & 3 in I.A.No.7963 of 2010 in O.S.No.5720 of 2006 on the file of XVII Assistant City Civil Court, Chennai. They filed the application under Order VI Rule 16 of CPC r/w. under Section 151 of CPC to strike out the amendments made in the schedule of property in the original plaint in O.S.No.5720 of 2006 as well as in the schedule of the final decree application.

2.Heard Mr.K.Gunasekaran, learned counsel appearing for the revision petitioners and Mr.K.P.Chandrasekaran learned counsel appearing for the first respondent.

3.Mr.K.Gunasekaran, learned counsel for the revision petitioners contended that though the trial Court directed the respondent/plaintiff to strike out the amendment made by him in the original plaint as well as in the final decree application he has not done so 2/4

far.

4.Mr.K.P.Chandrasekaran, learned counsel for the first respondent in all his fairness contended that he would strike out the amendments carried out in the schedule as per the orders passed by the trial Court.

5.In such circumstances, the Civil Revision Petition is disposed of and the respondent/plaintiff is directed to strike out the amendments carried out in the schedule of final decree application as well as the schedule of original plaint within a period of 14 days from the date of receipt of copy of this order. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.

09.11.2022 Index : Yes/No Internet : Yes/No mtl 3/4

R. HEMALATHA, J.

mtl To

1. The XVII Assistant City Civil Court.

2. The Section Officer, V.R. Section, High Court, Madras. 09.11.2022 4/4