R.Subbulakshmi v. O.Subbaiah,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2018

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P.PD[MD]No.1254 of 2018 and C.M.P.[MD]No.5291 of 2018 R.Subbulakshmi : Petitioner Vs.

1.O.Subbaiah 2.O.Selvaraj 3.P.Kosalai 4.R.Gurusamy : Respondents PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 01.03.2018 made in I.A.No.913 of 2017 in O.S.No.16 of 2016 on the file of the District Munsif Court, Virudhunagar and allow the Civil Revision Petition.

For Petitioner : Mr.P.Arun Jayatram For Respondents 1 to 3 : Mr.S.Mahalakshmi For Respondent No.4 : No appearance

O R D E R

The revision petitioner is the first defendant. The respondents 1 to 3 herein filed O.S.No.16 of 2016, before the District Munsif Court, Virudhunagar, seeking the relief of injunction. The same was subsequently sought to be amended by filing I.A.No.913 of 2017. Now, the plaintiffs want to make it into a comprehensive suit by incorporating the relief of declaration also. The Court below allowed the said Interlocutory Application on 01.03.2018. The same is assailed in this Civil Revision Petition. 2.Heard the learned Counsel on either side.

3.Since it is a pre-trial amendment and the suit itself is of recent origin, this Court is of the view that the liberal approach adopted by the Court below requires no interference. This Civil Revision Petition is dismissed, accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar (cs-II)

To The District Munsif, Virudhunagar.

MR DS KAK SAR-2 ;07.09.2018; 2P/2C ORDER MADE IN C.R.P.PD[MD]No.1254 of 2018 10.08.2018 https://hcservices.ecourts.gov.in/hcservices/