Madras High CourtCRP(MD)/1267/2019dismissed

Rajamani v. Raja Gounder

2019-08-06Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD.No.1267 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(MD).No.1267 of 2019 1.Rajamani 2.Senthil ... Petitioners/ Petitioners/ Plaintiffs Vs.

1.Raju Gounder 2.Govindaraj Gounder ... Respondents/ Respondents/Defendants PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 07.06.2019 passed in I.A.No.687 of 2018 in O.S.No.57 of 2018 by the Subordinate Court, Thuraiyur.

For petitioners : Mr.V.Singan

ORDER

This Civil Revision Petition has been filed by the petitioners challenging the order dated 07.06.2019 passed in I.A.No.687 of 2018 in O.S.No.57 of 2018, whereby and whereunder the Court below has dismissed the petition filed by the petitioners herein seeking to amend the plaint as per the details referred to in the application.

2. The petitioners herein as plaintiffs have filed the suit in O.S.No.57 of 2018 for permanent injunction against the respondents herein. During the pendency of the suit, the petitioners/plaintiffs filed I.A.No.687 of 2018 seeking to amend the plaint. The Court below has dismissed the same. Challenging the same, the petitioners have filed this revision petition.

3. Heard the learned counsel for the petitioners and perused the materials available on record.

4. Admittedly, the suit has been filed by the petitioners/plaintiffs stating that they have been in possession and enjoyment of a specific extent and the respondents/defendants have no right over the said extent. Whereas, in the amendment, they sought for a direction to measure the suit property. The Court below https://hcservices.ecourts.gov.in/hcservices/ 1/4

C.R.P.(MD.No.1267 of 2019 has held that if the petitioners have any doubt as to the extent of the property, they could have very well approached the Tahsildar and they need not claim as if the entire suit property is in their possession. This Court does not find any reason to interfere with the order passed by the Court below.

5. In view of the above, this Civil Revision Petition is dismissed. No costs.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To The Subordinate Judge, Thuraiyur.

C.R.P(MD).No.1267 of 2019 06.08.2019 CS(29.08.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/4