Karthikeyan v. Somasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2023 CORAM: Mr. JUSTICE N.SESHASAYEE and C.M.P.No.17150 of 2019 Karthikeyan ... Petitioner / Respondent / Defendant Vs.

1.Somasundaram 2.Balasubramanian 3.Sukumaran [R3 represented through his guardian and sister Ms.Nirmala]

...Respondents / Petitioners /

Plaintiffs PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and final order dated 26.03.2018 made in I.A.No.27 of 2018 in O.S.No.375 of 2014 on the file of I Additional District Munsif, Bhavani by allowing this revision.

For Petitioner : Mr.Lakshmanasamy.S.

For Respondents : R1 to R5 - served [No appearance]

ORDER

In a suit for permanent injunction and mandatory injunction in O.S.No.375/2014, the plaintiffs have taken out an application for amending the plaint.

2. This Court understands that during the pendency of the suit, the plaintiffs have taken out a commission for local inspection, based on whose report, the plaintiffs want to introduce certain information pertaining to the description of the property. To achieve the same, the plaintiffs have taken out I.A.No.27/2018 for amending the plaint, and the same is allowed. This is now under challenge by the defendant in the present revision.

3. Providing certain particulars about the property, without altering the character of the suit, by itself cannot change the character of the suit. This Court does not find any infirmity in the order of the trial Court, and hence, the revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

29.03.2023 Index : Yes / No Speaking order / Non-speaking order ds

To:

1.The I Additional District Munsif Court Bhavani.

2.The Section Officer VR Section, High Court, Chennai.

N.SESHASAYEE, J., ds and C.M.P.No.17150 of 2019 29.03.2023