Madras High CourtCRP(MD)/1467/2018allowed

N. Ravi v. Kumbakonam Municipaality

2018-10-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.1467 of 2018 and C.M.P.(MD)No.6327 of 2018 N.Ravi ... Petitioner/Petitioner/Plaintiff Vs.

Kumbakonam Municipality, Municipal Office, Dr.Moorthi Road, Kumbakonam Taluk, Thro' its Commissioner. ... Respondent/Respondent/ Defendant PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records relating to the fair and decreetal order passed in I.A.No.153 of 2018 in O.S.No.281 of 2014, dated 08.06.2018 on the file of the Principal District Munsif Court, Kumbakonam and set aside the same by allowing this Civil Revision petition.

For Petitioner : Mr.G.Thalaimutharasu For Respondent : No appearance.

O R D E R

The plaintiff in O.S.No.281 of 2014 on the file of the Principal District Munsif, Kumbakonam, is the Revision petitioner herein. The suit is one for bare injunction. Prior to the commencement of trial, the plaintiff wanted to amend the plaint for changing the survey numbers.

The said Interlocutory application was dismissed by the Court below. Challenging the same, this Civil Revision petition has been filed.

2. The learned counsel appearing for the Revision petitioner submits that the four boundaries mentioned in the description remains the same and the character of the suit is also not altered. The survey numbers alone are sought to be changed and that too they sought at the pre-trial stage.

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3. This Court is of the view that a liberal approach is warranted. In this view of the matter, the order impugned in this

Civil Revision petition is set aside. The Civil Revision petition stands allowed, accordingly. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar(w) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Principal District Munsif, Kumbakonam.

2. The Record Keeper, V.R.Section,(2 copies) Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.G.Thalaimutharasu, Advocate Sr.No.89484 PMU VB/SV/SAR4/13.11.2018/2P/5C C.R.P.(MD).No.1467 of 2018 and C.M.P.(MD)No.6327 of 2018 08.10.2018 https://hcservices.ecourts.gov.in/hcservices/