D.Mariappan v. R.Selvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM C.R.P(PD).No.1542 of 2017 and CMP.No.7148 of 2017 D.Mariappan ... Petitioner Vs.

R.Selvam ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 25.01.2017 in dismissing the application in I.A.No.38 of 2016 in O.S.No.262 of 2007 filed to amend the said sale agreement dated 25.08.2016, by fair and decreetal order dated 25.01.2017 on the file of IV Additional District Judge, Thiruvallur at Ponneri. For Petitioner : Mr.N.Jayabalan For Respondent : Mr.K.Prabhakaran 1/4

ORDER

This Civil Revision Petition has been filed by the petitioner/plaintiff against the dismissal of his application in I.A.No.38 of 2016 in O.S.No.262 of 2007 to amend the sale agreement dated 25.08.2006, by fair and decreetal order dated 25.01.2017 on the file of the IV Additional District Judge, Thiruvallur at Ponneri.

2. The learned counsel for the petitioner has filed a memo stating that the CRP may be disposed of as not pressed with liberty to file appropriate petition before the trial court in O.S.No.262 of 2007.

3. The learned counsel for the respondent also filed a memo stating that in the event of any liberty is being granted by this Court, a similar liberty may be given to the respondent to raise all his defences in opposing such an amendment in accordance with law.

4. Both the memos recorded.

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5. In the result, this Civil Revision Petition is dismissed as not pressed with liberty to file fresh petition before the trial court. If any such petition is filed, it is open to the respondent to raise all his defences in the said petition. No costs. Consequently, connected miscellaneous petition is closed.

09.11.2020 Vv Index :Yes/No Internet : Yes/No To The IV Additional District Judge, Thiruvallur at Ponneri.

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P.RAJAMANICKAM.J., Vv C.R.P(PD).No.1542 of 2017 and CMP.No.7148 of 2017 09.11.2020 4/4