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Madras High CourtA/3945/2022allowed

Ms.Shanmugapriya, v. Mr.S.Thyagarajan (Deceased) 1.Mrs.Anuradha And Another

2022-09-09Honourable Mr Justice G. Chandrasekharan4 pages

A.No.3945 of 2022 in C.S.No.572 of 2015 G.CHANDRASEKHARAN , J.

This application is filed to permit the applicant/plaintiff to carry out the following amendments in the plaint.

a) The details of the plaintiff in all relevant paragraphs may be replaced as follows:

The plaintiff namely Ms.Shanmugapriya, D/o.Late S.Thyagarjan. b) The details of the Second & Third Defendants in all relevant paragraphs may be replaced as follows:

The First Defendant namely Mrs.Anuradha, Wife of Late S.Thyagarajan.

The Second Defendant namely Mr.Senthilkumaran, S/o.Late S.Thyagarajan.

c) The terms '1st Defendant' & 'First Defendant' and replace the same with the term 'Late S.Thyagarajan' in all relevant paragraphs in the plaint. d) The following modification may be made to the prayer sought for in the suit:

1/4

11.The plaintiff therefore pray for a decree and judgment for:- a) Directing the Second and Third Defendants to partition the suit SCHEDULE ROPERTIES by metes and bounds and put the plaintiff in possession in respect of her 1/3rd share each in the SCHEDULE PROPERTIES;

3) why such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case should not be passed? 2.It is submitted by the learned counsel for the plaintiff that the suit was filed for partition for claiming 1/4th share. After filing of the suit, the first defendant, who is also entitled for 1/4th share, was dead. In view of his death, now the share of the parties are enlarged from 1/3 to 1/4. Therefore, this application.

3.The learned counsel for the respondents 2 and 3 have no serious objection for allowing this application.

4.Considering the reasons stated in the affidavit filed in support of the 2/4

application and in the light of the prayer asked for in the suit, in the light of enlargement of shares, this Court allows this application. Amendment to be carried out in two weeks and amended plaint to be filed by 26.09.2022. Post on 26.09.2022.

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G.CHANDRASEKHARAN , J.

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