V.A. Rukani v. Palaniammal

CMP NO. 26357 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2024

CORAM

THE HONOURABLE MR JUSTICE R. SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN CMP NO. 26357 of 2024 in A.S.No.267 of 2013 V.A. RUKANI W/O. V.R. SATHYAMURTHY, 2/33, SRI VIGNESH XEROX, VILANKURICHI ROAD, COIMBATORE 641 035.

APPELLANT(S) Vs PALANIAMMAL W/O. LATE. APPACHI GOUNDER, CHINNATHOTTAM, PARIYUR, VELLALAPALAYAM POST, GOBICHETTIPALAYAM TALUK, ERODE DT.

RESPONDENT(S) For Appellant(s):

For Respondent(s):

ORDER

(Order of the Court was made by the Hon'ble R.Subramanian J.) The petition has been filed seeking to include the properties that were omitted to be included in the suit for partition.

2.The trial Court has dismissed the suit on the ground that it is bad for partial partition. The present attempt is only to rectify the mistake.

3. Though the counter affidavit has been filed, we do not find that there could be any serious objection for inclusion of the properties in the suit.

4. Hence, this petition is allowed.

5.The Registry is directed to amend the plaint by incorporating the properties that are sought to be included now and list the appeal for hearing on 07.01.2025 (R.SUBRAMANIAN J.) (C.KUMARAPPAN J.) 16-12-2024 dsa

To

1. PALANIAMMAL W/O. LATE. APPACHI GOUNDER, CHINNATHOTTAM, PARIYUR, VELLALAPALAYAM POST, GOBICHETTIPALAYAM TALUK, ERODE DT.

2. V.A. JAYABALAN (DIED)

3. V.G. DEENATHAYALAN S/O. LATE. V.A. JAYABALAN, THEVADIYAKATTU THOTTAM, PAVALAMALAI, VELLALAPALAYAM CUT ROAD, VELLALAPALAYAM VILLAGE, GOBICHETTIPALAYAM TALUK, ERODE DT.

4. V.J. PRABHUKUMAR S/O. LATE. V.A. JAYABALAN, THEVADIYAKATTU THOTTAM, PAVALAMALAI, VELLALAPALAYAM CUT ROAD, VELLALAPALAYAM VILLAGE, GOBICHETTIPALAYAM TALUK, ERODE DT.

5. SARASWATHI W/O. LATE.V.A. JAYABALAN, NO.297, MAIN ROAD, PAVELLALAPALAYAM STREET, VELLALAPALAYAM VILLAGE, GOBICHETTIPALAYAM TALUK, ERODE DT.