A.U.Anisha And Another v. J.Muthulakshmi And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-12-2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL A NO. 4478 of 2025 in CS No. 21 of 2024
1. A.U.Anisha W/o.Late K.J.Jayasrinivasan
2. Minor J.Kaarunya Lakshmi D/o.Late K.J.Jayasrinivasan, Represented by her Mother/Natural Guardian Ms.A.U.Anisha, Both residing at No.51, 3rd West Cross Street, Pulla Avenue, Shenoy Nagar, Chennai 600 030.
Plaintiff(s) Vs
1. J.Muthulakshmi W/o.K.G.Janakiraman, No.20/22, Temple Road, Jawahar Nagar, Chennai 600 082.
2.K.G.Janakiraman S/o.Late Govindasamy, No.20/22, Temple Road, Jawahar Nagar, Chennai 600 082.
3.The Authorised Officer Axis Bank Limited, 2nd Floor, Door No.31, Old No.14, South Mada Street, Mylapore, Chennai 600 004.
4.Solomon F1 F2, Dhanalakshmi Apartments, First Floor, New Door No.29, Vegapathy Street, Rajaji Nagar, Villivakkam, Chennai 600 049.
Defendant(s) PRAYER: This application has been filed under Order XIV Rule 8 of Rules of the High Court, 1994 r/w Order VI Rule 17 of Code of Civil Procedure, 1908, to permit the Plaintiffs to amend the Plaint in C.S.No.21 of 2024 as per the schedule to the Judges Summons.
For Plaintiff(s):
Mr.S.V.Vijayprashanth
ORDER
This application has been filed to permit the Plaintiffs to amend the Plaint by including the properties in the suit schedule.
2. According to the first applicant, she is the 1st plaintiff in the main suit and filed suit for partition. The applicant has also filed an application in A.No.523 of 2024 to disclose the assets of Late K.J.Jaya Srinivasan.
3. The respondents 1 and 2 filed counter in the said application, which indeed did not contain assets particulars and, this Court, directed the respondents 1 and 2 to file memo of assets of late Mr.K.J.Jaya Srinivasan. Accordingly, the 2nd respondent filed a memo, stating some additional
particulars of properties of Late Mr.K.J.Jaya Srinivasan.
4. From and out of the details furnished by the 2nd respondent, the present application is filed to incorporate the additional schedules/properties.
5. The 2nd respondent filed a counter denying the averments made in the affidavit and also stated that the properties were purchased by the respondents 1 and 2 in the name of the deceased K.J.JayaSrinivasan, which is out of their self earning and the deceased obtained loans from various financiers to the total sum of Rs.2 crores and the reason for obtaining the loan and utilisation of loan is only known to the first applicant. The respondents 1 & 2 burdened to settle those amounts.
6. Heard both sides and perused the materials available on record.
7. This application has been filed to include the certain properties, which were omitted at the time of filing the suit. The respondents also not seriously disputed the availability of the properties in the name of the deceased. According to the respondents 1 and 2, the properties were purchased by them in the name of the deceased. The said contention can be decided only at the time of trial. Since the properties stand in the name of the deceased, those properties
have to be included as suit properties for effective and complete adjudication. Therefore, this application has to be allowed.
8. Accordingly, this application is allowed. Amendment to be carried out and amended plaint copy to be filed on or before 17.12.2025. 02-12-2025 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes
P.DHANABAL J.
jd in CS No. 21 of 2024 02-12-2025