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Madras High CourtCMP/19977/2024ordered

K.P. Madhanraj (Deceased), Mrs. Rathnadevi (Wife) (Died) 1. M. Vinod v. V.R. Rajashekaran @ R. Murugan

2026-03-09Honourable Mr.Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU in AS No. 293 of 2015 K.P. Madhanraj (deceased) M. Manoj Kumar (wife) (died)

1. M.Vinod

2. M.Manoj Kumar

3. M. Jothi ..Appellant(s) Vs.

1. V.R. Rajashekaran @ R. Murugan

2. K.R. Vellaisamy

3. M. Thangaraj

4. R. Mohan

5. M. Prema

6. Regina

7. J. Robinson

8. J. Richardson ..Respondent(s) Prayer : This petition has been filed to permit the petitioner to amend the survey number in the compromise memo and where ever found from 6/65 to 6/55 and consequently amend the decree and judgment dated 18.08.2021 in A.No.293 of 2015 on the file of this Hon'ble Court. For Appellant(s):

M/s. S. Pugazhendhi For Respondent(s):

Mr.A.E.Ravichandran (R1)

ORDER

The learned counsel for the petitioner would submit that originally the suit was filed showing the property bearing Survey No. 6/55, but however

inadvertently an error has crept in while filing the amended plaint and the survery number has been shown as S.No.6/65.

2. The appeal suit filed against the judgment and decree of the trial Court was disposed by recording the compromise memo filed by the parties, wherein also the survey number of the property has been wrongly given as 6/65.

3. The petitioner had taken steps by taking out an interlocutory application before the trial Court for amending the decree and the same has also been amended. Hence, it has become necessary to take out this application seeking to amend the survey number in the compromise memo as also the decree in conjunction with the original plaint and the amended decree of the trial Court.

4. The learned counsel, who had appeared for the respondents would submit that he has no instructions from his client.

5. I have considered the submissions made by the learned counsel for the petitioner.

6. It is seen that the suit decree had been amended by the trial court in I.A. No. 1 of 2023 in O.S. No. 12094 of 2010.

7. A perusal of the exhibits that have been filed in the suit would indicate that the suit property relates to a survey no.6/55 and not survey no. 6/65 as recorded in the compromise memo. Hence, in the decree passed by this Court, the amendment needs to be carried out.

8. In view of the same, this Court would not find any impediment in allowing the application and in fine, this Civil Miscellaneous Petition stands ordered. No order as to costs.

9. The petitioner is permitted to amend the compromise memo and on such amendment being made the Registry as directed to make necessary amendments in the judgment and decree in respect of the Survey Numbers as prayed for.

09-03-2026 Maya

K.KUMARESH BABU, J.

Maya in AS No. 293 of 2015 Dated : 09-03-2026