Ar.Venkatachalam And Another v. Ar.Meyyappan And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.04.2025 Coram:
The Honourable Mr.Justice C.SARAVANAN Application No.979 of 2025 in C.S.No.883 of 2013 1.A.R.Venkatachalam 2.Venkat Venkatachalam ...Applicants
Versus
1.A.R.Meyyappan Ms.Kaveri (Deceased) 2.L.Abhirami 3.L.Meyyappan 4.V.R.Muthalaghammai
...Respondents
Application filed under Order XIV Rule 8 of O.S.Rules r/w. Order VI Rule 17 of C.P.C. praying to permit the Applicants/Plaintiffs to amend the Plaint in C.S.No.883 of 2013 as detailed in the Judges Summon of this Application.
For Applicants Mr.T.S.Baskaran For Respondents - 1, 2 & 4 Ms.M.Meena Rukmani for Mr.L.Palanimuthu For Respondents - 3 Mr.H.Prosper for Ms.P.Kokilam 1/8
ORDER
This Application has been filed by the Applicants/Plaintiffs praying to amend the Plaint in C.S.No.883 of 2013 as detailed in the Judges Summon of this Application. The details of Amendment are as follows: "(i) The address of the Plaintiffs to be amended in the long Cause Title, short Cause title and in the Statement of address by adding "5th Main Road" after the word "Raji Apartments".
(ii) The schedule of properties to be amended as follows by describing the ITEM - 1 of the property as follows:
"The Residential Flat in the Ground Floor bearing Door No.B 65/F-2, MIG, HS Block, K.Pudur, Indira Colony, Ashok Nagar, Chennai - 600 083, having plinth area of 852 Sq.ft together with 1/4th undivided share in the Building Block No.65 bearing Revenue Block No.71, T.S.No.2 Part situate in Kodambakkam Village, Mambalam Guindy Taluk and bounded on 30 Feet Road, MIG Flat 65/1 MIG Block 47 MIG Block 64 Situated within the Chennai Central Registration District and Ashok Nagar, 2/8
Sub Registration District".
ITEM - 3 S.No.1 to be Amended as follows:
1. The agriculture lands at Sathikottai Village bearing Survey No.45/2b1 measuring an extension of 3 Acres & 27 cent and bounded on Survey No.46 Sarugani Road Survey No.45/2b2 Dry land of Alagu Sevagan The property is situated within the Sub Registration District of Devakottai Taluk and Registration District of Sivagangai District. S.No.2 to be Amended as follows:
2. The agriculture lands at Sathikottai Village bearing Survey No.46/2 measuring an extension of 5 Acres & 19 cent and bounded on Talakkavayal Canal Dry land of the Seller Survey No.68/1 Survey No.67/2 The property is situated within the Sub Registration District of Devakottai Taluk and Registration District of Sivagangai District. S.No.3 to be Amended as follows:
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3. The agriculture lands at Sathikottai Village bearing Survey No.68/1 measuring an extension of 3 Acres & 35 cent and bounded on Talakkavayal Canal Survey No.46/2 Survey No.70/2 Puliyal Road The property is situated within the Sub Registration District of Devakottai Taluk and Registration District of Sivagangai District. S.No.4 to be Amended as follows:
4. The agriculture lands at Sathikottai Village bearing Survey No.70/1 measuring an extension of 86 cent and bounded on Talakkavayal Canal Survey No.68/1 Survey No.70/2 Puliyal Road The property is situated within the Sub Registration District of Devakottai Taluk and Registration District of Sivagangai District. (iii) Amendment by including the following house as ITEM 4 to the suit schedule properties.
"ITEM - 4 The Residential house having Door No.154, Kandadevi Road, Devakottai bearing T.S.No.22, Ward F, Block 1, bound on 4/8
T.S.No.21 T.S.No.23 T.S.No.27, VSP Lane Ward C Kandadevi Road The property is situated within the Sub Registration District of Devakottai Taluk and Registration District of Sivagangai District."
2. Mr.T.S.Baskaran, learned counsel for the Applicants/Plaintiffs is present.
3. Ms.M.Meena Rukmani, learned counsel for the Respondents 1, 2 & 4/Defendants 1, 3 & 5 and Ms.P.Kokilam, learned counsel for 3rd Respondent/4th Defendant are also present and they sought time for filing the counter affidavit.
4. The Applicants/Plaintiffs have filed this Application prior to the initiation of trial of the suit. The Respondents/Defendants are requesting time for filing a formal counter affidavit in this application. If the request of the Respondents/Defendants is considered and they are given time for filing counter affidavit in this application, it would be result in further delay of trial.
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5. Having perused the Affidavit filed in support of this Application and also, having compared the schedule of properties in the Plaint with the proposed amendment in the Judges Summon of this Application, it is evident that this application has been filed for the following reliefs: (i) To amend the Plaintiff's address in the long Cause Title, Short Cause Title and Statement of address by adding "5th Main Road" after the word "Raji Apartments".
(ii) To amend the description of ITEM - 1 & ITEM - 3 of the 'A' Schedule properties by describing the boundaries of the properties based on the registered title documents.
(iii) To include another property situated at Door No.154, Kandadevi Road, Devakottai bearing T.S.No.22, Ward F, Block I as ITEM - 4 in the 'A' Schedule properties.
6. As far as this case is concerned, by virtue of this proposed amendment, no major alterations would be caused in the plaint schedule properties. That apart, the present suit has been filed only for partition of 6/8
the schedule mentioned properties, this case has to be decided together in one go. Hence, I do not find any impediment in allowing this Application.
7. In the result, this Application is allowed. The learned counsel for the Plaintiffs is directed to carry out necessary amendment in the plaint and thereafter, file a clean copy of the amended plaint, on or before 16.06.2025. 25.04.2025 mrr Index : Yes/No C.SARAVANAN, J.
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Application No.979 of 2025 in C.S.No.883 of 2013 25.04.2025 8/8