Mrs.P.Manjula v. S.Pappa Bai And 7 Others
A NO. 2998 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-07-2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A.No.2998 of 2025 in C.S.No.416 of 2018 Mrs.P.Manjula W/o N.Prakash Rao, No.24, Montieth Road, Egmore, Chennai 600 008 Applicant(s) Vs S.Pappa Bai and 7 others W/o Late Thiru S.B.Lakshman Rao, No.24, Montieth Road, Egmore, Chennai 8 L.SHIVAJI RAO (DECEASED) S/o Late S.B.Lakshmana Rao, 1st Floor, Kubers Building, No.42, Pantheon Road, Egmore, Chennai 8 and 7 Others Respondent(s) For Applicant(s):
Mr.Krishna Ravindran For Respondent(s):
Mr.T.Saikrishnan (For R1 & R2, R5 to R8) Mr.VM.Ravichandran (For R3 & R4)
ORDER
The present application has been filed to allow the applicant to amend the plaint by striking out Item No.4 from the schedule of properties.
2. The plaintiff and the fifth defendant have claimed a right to the property in their individual capacity. The other defendants seek a share in the property. What has been sought for by the applicant is that the suit property forms part of a building in which there are other owners, and the owners have jointly decided to redevelop the property. It is the claim of the applicant that if such redevelopment is permitted, the extent of the building would be beneficial to whoever succeeds in the suit.
3. This Court is of the view that, if the same is permitted to be redeveloped, it will only be in the best interest of the parties, as they would all benefit either way. In such circumstances, I find no impediment in ordering the prayer as sought in this application.
4. In fine, the application in A.No.2998 of 2025 in C.S.No.416 of 2018 stands disposed of, permitting the property to be the subject matter of redevelopment.
10-07-2025 (2/3) kak To
1. S.Pappa Bai and 7 others W/o Late Thiru S.B.Lakshman Rao, No.24, Montieth Road, Egmore, Chennai 8 L.SHIVAJI RAO (DECEASED) S/o Late S.B.Lakshmana Rao, 1st Floor, Kubers Building, No.42, Pantheon Road, Egmore, Chennai 8
2. L.Narayana Rao S/o Late Thiru S.B.Lakshman Rao, Penthouse Flat 4th Floor, S.B.Lakshman Rao (Kubers) Building, No.28, Montieth Road, Egmore, Chennai 8
3. Mrs.K.Kasthurai Bai W/o Late Dr.B.Hanumantha Rao, Flat No.C-092 9th Floor, Commanders Court, DLF Flats, Ethiraj Road, Chennai 8
4. L.Kuber Rao S/o Late Thiru S.B.Lakshman Rao, Flat No.C092 9th Floor, Commanders Court, DLF Flats, Ethiraj Road, Chennai 8
5. Mrs.Kalpana W/o.Late L.Shivaji Rao, residing at 18/34, Mangaduswami Street, Nungambakkam, Chennai - 600 034.
6. Mrs.Vidyalakshmi Daughter of Late L.Shivaji Rao, residing at 18/34, Mangaduswami Street, Nungambakkam, Chennai - 600 034.
7. Mrs.Deepa D/o. Late.L.Shivaji Rao, residing at 18/34, Mangaduswami Street, Nungambakkam, Chennai - 600 034.
8. Mr.S.Mahesh S/o Late Mr.Shivaji Rao, residing at 18/34, Mangaduswami Street, Nungambakkam, Chennai - 600 034
K.KUMARESH BABU, J.
kak A.No.2998 of 2025 in C.S.No.416 of 2018 10.07.2025