K. Vanaja v. S. Aadithan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA CRP.(PD).No.3034 of 2018 and CMP.No.17633 of 2018 1.K.Vanaja 2.K.Anbu 3.K.Anandhan 4.K.Mala ..Petitioners/Defendants2,3,5&6 Vs 1.S.Aadithan ..1st Respondent/Plaintiff 2.K.Partharasathy 3.K.Sabitha 4.The Tahsildar Taluk Office, Katpadi.

5.The District Collector Vellore.

..Respondents2,3,4,5/ Defendants 1,4, 7 & 8 This Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Fair and Decreetal order dated 19.06.2018 passed in I.A.No. 811 of 2017 in O.S.No. 96 of 2015 on the file of the learned Additional Sub Court, Vellore. For Petitioners : Mr.P.Chandrasekar For R1 : Mr.C.Jagadish For R2 to R5 : No appearance

O R D E R

The above Civil Revision Petition is filed challenging the order passed in the amendment petition filed by the plaintiff/1st respondent to amend the survey number from 280/1B to 280/1C, without changing either the extent or the boundaries besides seeking other amendments. The learned Additional Subordinate Judge, Vellore passed the order in I.A.No.811 of 2017 and rejected the said application with reference to the other amendments but the learned Judge has allowed the same only with reference to amendment of the survey numbers, since it does not in any manner change either the nature or the character or the subject matter of the suit. Challenging this order, defendants 2,3,5&6/revision petitioners are before this Court.

Heard Mr.P.Chandrasekar, learned counsel appearing on behalf of the petitioners and Mr.C.Jagadish, learned counsel appearing on behalf of the first respondent/plaintiff. As rightly observed, the amendment is in connection with only the survey number, where amendment is to change only the survey number neither the extent nor the boundaries have to be changed and therefore, this does not in any manner change the nature of the suit. The order of the learned

Subordinate Judge does not suffer from any infirmity. In the result, the Civil Revision Petition stands dismissed and the order passed by the learned Additional Sub Court, Vellore, in I.A.No. 811 of 2017 in O.S.No. 96 of 2015 dated19.06.2018 is conformed. No costs. Consequently, connected miscellaneous petition is also closed.

25.03.2019 dua Index: Yes/No Internet: Yes/No Speaking order / Non-speaking order To The Additional Sub Court, Vellore.

P.T.ASHA, J.

dua CRP.(PD).No.3034 of 2018 and CMP.No.17633 of 2018 25.03.2019