Madras High CourtCRP(MD)/829/2016ordered

Rajathi Ammal, v. Gunasekaran,

2016-04-15Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM C.R.P(PD)(MD)NO.829 of 2016 and C.M.P.(MD)No.4178 of 2016 1.Rajathi Ammal 2.Prema 3.Revathi 4.Rekha

...Petitioners/Petitioners/Plaintiffs

.vs.

1.Gunasekaran 2.Prakash 3.Natarajan 4.Selvi 5.Maharajapandi 6.Arulmughu Santhanamariammal Thirukkoil Statue, represented by its President, South Oolari, Naluavadi, Nalumavadi Village, Tiruchendur Taluk.

..Respondents/Respondents/Defendants PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to take on file and to number the unnumbered I.A.No.... of 2016 in O.S.No.11 of 2013, on the file of the District Munsif Court, Tiruchendur For Petitioners : M/s.G.Prabhu Rajadurai

ORDER

As no adverse order is being passed against the respondents, notice to the respondents waived.

2.A suit in O.S.No.11 of 2013 has been filed by the Petitioners/Plaintiffs, seeking partition. The said suit is informed to be at the stage of judgment.

3.Learned counsel for the Petitioners submit that the amendment of the plaint is necessary towards informing the correct survey number of the suit property and such necessity has come out because defendants had in their written statement informed that the survey number in the plaint is wrong and the plaintiffs informed a different survey number. 4.Learned counsel for the Petitioners submit on such issue being raised, the Petitioners have verified and now are in agreement with the defendants.

5.In such circumstances, the Petitioners have moved an interlocutory application in O.S.No.11 of 2013 towards amendment, which has been kept unnumbered by the Court below.

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6.In the aforesaid circumstances, there shall be a direction to the District Munsif, Tiruchendur to number the unnumbered I.A in O.S.No.11 of 2013 on its file, cause notice to the respondents and proceed further in accordance with law.

7.The Civil Revision Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar(CS) To The District Munsif, Tiruchendur.

+1cc to Mr.G.Prabhu Rajadurai, Advocate in SR.21366 C.R.P(PD)(MD)NO.829 of 2016 and C.M.P.(MD)No.4178 of 2016 15.04.2016 VSN PBK/JGB-DP/SAR-I 18.04.2016 ::2P-3C:(IT) https://hcservices.ecourts.gov.in/hcservices/