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Madras High CourtA/5026/2023ordered

Mr.A.N.G.Jayaprakash v. G.Ravindran And 3 Others

2023-11-03Honourable Mr Justice N. Sathish Kumar2 pages

A.No.5026 of 2023 in C.S.No.234 of 2021 N. SATHISH KUMAR, J.

This application has been filed by the applicant/plaintiff seeking permission of this Court to amend the description of item 14 of the schedule property in the plaint and consequently amend the decree dated 21.07.2022, as more-fully set out in the petition.

2. Heard the learned counsel for the applicant as well as the respondents.

3. This application is filed to amend the schedule of property in the decree passed by this Court in C.S.No.234 of 2021 in a partition suit between the parties. The suit has been decreed in terms of a compromise entered into between the parties. The amendment sought is to set right the name of the village in item 14 in the schedule of the properties.

4. It is the contention of the learned counsel for the applicant/plaintiff that instead of "Thittangkulam Village, Kovilpatti" it has been mentioned as "Avanthilankulam Village, Kovilpatti" and therefore, the said mistake has to be amended in the decree and hence this application. The learned counsel for the respondents https://www.mhc.tn.gov.in/judis

N. SATHISH KUMAR, J.

DP submitted that they have no objection since the amendment sought for is only in regard to the correction of the village name in the schedule of properties.

5. Considering the facts and also taking note that the respondents have no objection in allowing this application, this Court is of the view that the amendment sought for can be accepted to secure the ends of justice. Accordingly, the application stands ordered.

6. Registry is directed to carry out the necessary amendment in the decree dated 21.07.2022 and issue a fresh amended copy of the decree to the parties concerned.

03.11.2023 DP A.No.5026 of 2023 in C.S.No.234 of 2021 https://www.mhc.tn.gov.in/judis