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Madras High CourtA/6137/2024allowed

T.R.Jeeva v. S.Suresh

2025-01-07Honourable Dr Justice G. Jayachandran4 pages

A.Nos.6137 & 6138 of 2024 in C.S.No.361 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN A.Nos.6137 & 6138 of 2024 in C.S.No.361 of 2021

1. Mrs.TR. Jeeva, W/o.Thiyagarajan.

2. Mrs. Dhanalakshmi, W/o R. Sathiyaseelan.

3. Mrs. Kothai, W/o. K. Saravanan.

All are residing at No.9/3, Loyallawn Apartments, Portuese Road, Ayanavaram, Chennai-600 023.

4. Ms. Kayadri, D/o Late. A.Subramani, Residing at No. 19/24, Portuese Road, Near Joint Office Bus Stop, Ayanavaram, Chennai-600 023.

... Plaintiffs/Petitioners /versus/ Mr. S. Suresh, S/o .Late A.Subramani, No. 19/24, Portuese Road, Near Joint Office Bus Stop, Ayanavaram, Chennai-600 023.

... Respondent/Defendant

Prayer in A.No.6137 of 2024: Judge's Summons under Order XIV Rule 8 of Original Side Rules read with Order VIII Rule 14(3) of C.P.C., to grant permission to file additional documents in the above suit in C.S.No.361 of 2021 as mentioned in the list of documents.

Prayer in A.No.6138 of 2024: Judge's Summons under Order XIV Rule 8 of Original Side Rules read with Order VI Rule 17 of C.P.C., pleased to amend the Plaint by including the property Plot No.l47, comprised in S,No. 109/3A & 125/5B, Shri Ponniamman Nagar Part-I, No.l5, Kunnathur Village, Arakkoanm Taluk, Vellore District as SCHEDULE - H and listed in the Annexure to the Judge Summons in evidence.

For Applicants : Mr.M. Prabaharan.

For Respondent : Mr.S.Viswanathan.

COMMON ORDER Application No.6137 of 2024 is filed to grant permission to file additional documents in the above suit in C.S.No.361 of 2021 as mentioned in the list of documents.

Application No.6138 of 2024 is filed to amend the Plaint by including the property Plot No.l47, comprised in S,No. 109/3A & 125/5B, Shri Ponniamman Nagar Part-I, No.l5, Kunnathur Village, Arakkoanm Taluk, Vellore District as SCHEDULE - H and listed in the Annexure to the Judge Summons in evidence.

2. Suit for partition alleges that one of the properties was not included in the schedule. The present application is filed to amend the plaint schedule and to receive an additional document.

3. This is a suit for partition and the reasons stated for the omission are satisfactory. Accordingly, these applications are allowed. 07.01.2025 Index :Yes/No.

Internet :Yes/No.

bsm Note: Two weeks time is granted for carrying out the amendment and filing the APC. The matter is listed for hearing on 28.01.2025.

Dr.G.Jayachandran, J.

bsm A.Nos.6137 & 6138 of 2024 in C.S.No.361 of 2021 07.01.2025