Ponnuchamy Naicker, v. Veeran Ambalam,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.02.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(MD)No.1703 of 2016 (PD) & C.M.P.(MD)Nos.8292 of 2016 & 775 of 2017 Poonuchamy Naicker, S/o.Late Andichamy Naicker, .. Petitioner/Plaintiff Vs.

1.Veeran Ambalam, S/o.Kuttaiyan Ambalam 2.The District Collector, Dindigul District, Velunachiyar Complex, Dindigul.

3.The Tahsildar, Natham Taluk, Dindigul District.

4.Ovalappa Naicker, S/o.Late Aandichamy Naicker .. Respondents/Defendants Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 13.07.2016, passed in I.A.No.136 of 2016 in O.S.No.119 of 2007, by the learned District Munsif-cum-Judicial Magistrate, Natham. For Petitioner : Mr.N.Rahamadullah For R1 : Mr.H.Lakshmi Shankar For R2 & R3 : Mr.K.Maheshraja, Government Advocate

ORDER

The petitioner/plaintiff has come out with the present Civil Revision Petition challenging the fair and decreetal order dated 13.07.2016, made in I.A.No.136 of 2016 in O.S.No.119 of 2007, for amendment of Survey Number in paragraph 4 of the plaint. The said application was dismissed, by the learned District Munsif-cumJudicial Magistrate, Natham, Dindigul District. https://hcservices.ecourts.gov.in/hcservices/

2. Today, when the matter is taken up for hearing, Mr.H.Lakshmi Shankar, learned counsel for the first respondent submitted that he has no objection for allowing this Civil Revision Petition and to carryout the amendment in the plaint and has also made an endorsement to that effect.

3. Recording the abovesaid submission and the endorsement made by the learned counsel for the first respondent, this Civil Revision Petition is allowed, setting aside the fair and decreetal order dated 13.07.2016, passed in I.A.No.136 of 2016 in O.S.No.119 of 2007, by the learned District Munsif-cum-Judicial Magistrate, Natham, Dindigul District. The learned District Munsif-cumJudicial Magistrate, Natham, Dindigul District, is directed to permit the petitioner to carryout the amendment in the plaint and dispose of the suit in O.S.No.119 of 2007 as expeditiously as possible, in any event, not later than, 30.06.2017. No costs. Consequently, connected miscellaneous petitions are closed. sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The District Munsif-cum-Judicial Magistrate, Natham, Dindigul District.

2.The District Collector, Dindigul District, Velunachiyar Complex, Dindigul.

3.The Tahsildar, Natham Taluk, Dindigul District.

+1cc to Mr.N.Rahamadullah,Advocate, SR.No:8724 +1cc to Mr.H.Lakshmi Shankar, Advocate, SR.No:8802 smn2 AE/MR/28.02.2017/2P/6C C.R.P.(MD)No.1703 of 2016 (PD) & C.M.P.(MD)Nos.8292 of 2016 & 775 of 2017 16.02.2017 https://hcservices.ecourts.gov.in/hcservices/