Madras High CourtCRP(MD)/977/2021allowed

Gopal v. Palaniammal

2022-04-22Honourable Mrs Justice S.Ananthi (Retd.)2 pages

CRP(MD).No. 977 of 2021 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI CRP(MD).No. 977 of 2021 and CMP(MD).No.5536 of 2021 Alvar Reddiar (deceased) Gopal ... Revision Petitioner/2nd Respondent/ 2nd defendant Vs.

Palaniammal ... Respondent /Petitioner/ Plaintiff Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order and decree passed, dated 21.01.2021 made in I.A.No.50 of 2020 in O.S.No.208 of 2008 on the file of the Principal District Munsif,, Vedsandur. For Petitioner : Mr. G.Gomathi Sankar For respondent : Mr. A.Chandra Kumar

ORDER

The revision petitioner / 2nd defendant has filed this revision to set aside the order, dated 21.01.2021 made in I.A.No.50 of 2020 in O.S.No.208 of 2008 on the file of the Principal District Munsif, Vedsandur.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. Originally, the said suit was filed by the respondent / plaintiff for partition of 54 cents in S.No.192/1A. But, she shown in the schedule property to the extent of S.No.192 /1A as 1 Acre 80 Cents, which belongs to the defendant. The respondent / plaintiff has to amend the schedule property for total extent of S.No.192/1A and then, she can claim 54 Cents from total extent of 2 Acres 28 Cents. Now, the present amendment petition filed by the respondent / plaintiff is not relevant to the suit that too filing after 12 years.

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CRP(MD).No. 977 of 2021 and

4. Hence, this Civil Revision Petition is allowed by setting aside the order, dated 21.01.2021 made in I.A.No.50 of 2020 in O.S.No.208 of 2008 on the file of the Principal District Munsif, Vedsandur. However, the respondent / plaintiff is given liberty to file a fresh amendment petition with correct particulars within a period of 15 days from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) To The Principal District Munsif, Vedsandur.

+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-20590[F] dated 22/04/2022 ) +1 CC to M/s.A.CHANDRA KUMAR, Advocate ( SR-20988[F] dated 25/04/2022 ) ORDER IN CRP(MD).No. 977 of 2021 and CMP(MD).No.5536 of 2021 22.04.2022 SA(25.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2