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Madras High CourtCRP/5354/2025disposed of

K. Prasad, v. Amudha,

2025-10-31Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI

1. K. Prasad, Represented by his Power Agent P.Jayashree, W/o.Prasad, Plot No.77, TNHB Colony, Chenniamman Temple Plan, MIG-2 Type, Thiruvalluvar Nagar, Tondiarpet, Chennai 600 081.

Petitioner(s) Vs

1. Amudha, W/o.Kumar, Plot No.77, TNHB Colony, Chenniamman Temple Plan, MIG-2 Type, Thiruvalluvar Nagar, Tondiarpet, Chennai 600 081.

Respondent(s) For Petitioner(s):

P.Vijendran

ORDER

Today, this matter is listed under the caption 'for being mentioned". Mr.P.Vijendran, learned counsel for the petitioner, has made a mention that despite the order of this Court dated 31.10.2025, the trial Court also pursuantly having heard the learned counsel for the petitioner and also directed the petitioner to file an amendment petition, the petitioner in compliance with the direction of the trial Court has also filed the amendment petition. However, now the amendment petition has not been numbered and the trial Court has posted the same as "check and call on".

2.The learned counsel for the petitioner also brings to my notice, the order passed in W.P.No.41807 of 2025 dated 10.11.2025, where this Court has held that, for mere quoting of wrong provision of law, the application cannot be rejected.

3.In the light of the above, the very object of passing the order on 31.10.2025, for expediting the hearing of the application, without putting technical objections against the petitioner is defeated, by repeated returns of the applications filed by the petitioner. Hence, I am inclined to add the following paragraph as 4(a) in the order dated 31.10.2025.

"4(a).The trial Court, after hearing the counsel for the petitioner, shall take up the application filed for amendment and pass orders thereon and thereafter, number the application filed in I.A.SR.No.65790 of 2025 within a period of two weeks from the date of receipt of copy of this order."

The Registry is directed to carry out necessary corrections and issue fresh order copy forthwith.

27-11-2025 Smv To The XIX Assistant City Civil Court, Allikulam, Chennai.

P.B.BALAJI J.

smv 27-11-2025