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Madras High CourtCRP/3272/2018dismissed

N.Banumathi v. N.Dhanalakshmi @ Dhanam,

2021-07-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.18574 of 2018 N.Banumathi ... Petitioner Vs.

1. N.Dhanalakshmi @ Dhanam

2. S.R.Venkateshwari @ Kutty

3. Rajini Devi ... Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 20.06.2018 passed in I.A.No.865 of 2015 in O.S.No.11 of 2015 on the file of the learned I Additional District Judge of Coimbatore. For Petitioner : Mr.S.S.Mathivanan For Respondents : No appearance

ORDER

This Civil Revision Petition has been filed to set aside the order dated 20.06.2018 passed by the learned I Additional District Judge, Coimbatore, in I.A.No.865 of 2015 in O.S.No.11 of 2015, thereby allowing the petition seeking amendment of plaint.

2.

The petitioner is the first defendant and the respondents 1 and 2 are the plaintiffs. The respondents 1 & 2 filed suit in O.S.No.11 of 2015 for partition. While pending the suit, the respondents 1 & 2 filed petition seeking amendment of plaint to new G.S. and T.S. number to the property. The trial Court allowed the said petition as against which, the petitioner filed this present Civil Revision Petition.

3.

It is seen from the records, the amendment sought for by the respondents 1 & 2 would not change the nature of the suit and no prejudice would be caused to the petitioner herein. More over, the respondents 1 & 2 did not want to change the description of the property or to add any new property in the suit. They wanted to add the new G.S. and T.S. number to

the property. Therefore, the trial Court rightly allowed the petition and this Court finds no infirmity or illegality in the order passed by the Court below. However, the petitioner is at liberty to file additional written statement for the amendment made in the plaint.

4.

Accordingly, this Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

01.07.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts To

1. The I Additional District Judge, Coimbatore.

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts and C.M.P.No.18574 of 2018 01.07.2021