B. Chandran v. H.B. Arjunan

T.V.THAMILSELVI, J.

This matter is taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the revision petitioner.

2. The learned counsel for Revision Petitioner would submit that this Court by an order dated 22.12.2023 allowed the above C.R.P.. However, the learned counsel would submit that in para 5 of the order, as the period for framing of additional issues was mentioned as four weeks, he prayed to modify the same. Accordingly, the matter is listed today.

3. Considering his submissions, para 5 of the order shall be substituted as follows :- "5. Admittedly, the 1st defendant wants to frame the additional issue as mentioned in the affidavit in respect of worship in the temple, which is also pertaining to main relief and framing the additional issues would not change the character and prayer of the suit. Hence, if the opportunity is 1/3

not given to the revision petitioner, his valuable right of defence will be defeated. Therefore, the impugned order passed by the trial court in I.A.No.14 of 2023 in O.S.No.210 of 2022 dated 18.10.2023 is hereby set aside. However, the trial court is directed to frame the additional issues within a period of one week and dispose the case on merit within a period of four months from the date of receipt of copy of this order."

4. Registry is directed to incorporate above correction in the Order of this Court in C.R.P.No. 4966 of 2023 dated 22.12.2023 and issue fresh order copy to the Revision Petitioner.

24.01.2024 rpp 2/3

T.V.THAMILSELVI, J.

rpp C.R.P. No. 4966 of 2023 24.01.2024 3/3