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Madras High CourtA/7767/2018allowed

Vijayalakshmi v. S.Selvaraj,

2019-04-12Honourable Mr Justice R. Subramanian1 pages

A.No.7767 of 2018 in O.P.No.52 of 2018 R.SUBRAMANIAN.J., Despite service the respondents have not filed counter. This application has been filed seeking to amend the valuation of the property in the Original petition.

2.According to Mr.R.Marudhachalamurthy, the learned counsel for the applicant, the property that has been bequeathed with the applicant under the Will is only superstructure and the land belongs to the WAKF. While, setting out the valuation of the superstructure in the Original Petition, it was shown as Rs.1,00,00,000/- instead of Rs.10,00,000/- therefore she seeks an amendment. Appropriate documents has also been filed with the Original Petition. A perusal of the documents show that the property that was bequeathed to the petitioner is only superstructure and the land belongs to the WAKF. Therefore, the valuation of the superstructure alone should be reflected in the Original Petition. Accepting the averments made in the affidavit, this application is ordered as prayed for and the amendment sought for is allowed. The counsel to carry out the amendment and file a copy of the application on 30.04.2019.

12.04.2019 http://www.judis.nic.in gbi/rst 1/2