Damodaran v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2023 CORAM : JUSTICE N.SESHASAYEE and CMP.No.20534 of 2019 Damodaran .. Petitioner/Petitioner/Plaintiff Vs The Commissioner Pallavaram Municipality Pallavaram Chennai - 600 043.

.. Respondent/Respondent/Defendant Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decretal order dated 11.12.2018 passed by the learned Additional District Munsif, Alandur in I.A.No.22 of 2018 in O.S.No.704 of 2015.

For Petitioner : Ms.T.Jayalakshmi for M/s.Paul and Paul For Respondent : No Appearance 1/4

ORDER

The plaintiff who has lost his application for amending the plaint in a pretrial stage, has come before this Court with the present revision.

2. The suit in O.S.No.704/2015 was laid for permanent injunction. Vide I.A.No.22/2018, the plaintiff wanted to introduce two amendments to the schedule of the property :

(a) The total extent originally given was 10 cents, whereas the plaintiff now wants to reduce it to 8 cents; and (b) For correcting the two boundaries given in the property. This was dismissed by the trial Court on the ground that it changes the character of the suit. Hence, the revision.

3. The suit continues to be one for injunction against the same defendant and a mere reduction of extent, and providing correct boundaries by itself does not alter or change the character of the suit. This Court considers that the trial Court has not appreciated the law on the aspect correctly. 2/4

4. In conclusion, this revision petition is allowed, and the order of the trial Court dated 11.12.2018 passed in I.A.No.22 of 2018 in O.S.No.704 of 2015, is set aside. No costs. Consequently, connected miscellaneous petition is closed.

03.04.2023 Index : Yes / No Speaking Order / Non-speaking Order ds To:

1.The Additional District Munsif Alandur.

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

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N.SESHASAYEE.J., ds 03.04.2023 4/4