Madras High CourtCRP(MD)/1922/2025dismissed

Selvi v. Kanthasamy

2025-07-16Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).No.10914 of 2025 Selvi

...Petitioner

Vs.

Kanthasamy

...Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order made in I.A.No.1 of 2025 in O.S.No.90 of 2014 dated 26.03.2025 on the file of the Additional Sub Court, Karur.

For Petitioner : Mr.I.Velpradeep * * * * *

ORDER

This Civil Revision Petition has been filed seeking to set aside the fair and decreetal order dated 26.03.2025 passed in I.A.No.1 of 2025 in O.S.No.90 of 2014 on the file of the learned Additional Subordinate Judge, Karur. 1/4

2. The learned counsel appearing for the petitioner would submit that the petitioner is the plaintiff in O.S.No.90 of 2014 on the file of the Additional Sub Court, Karur, seeking partition of the suit properties, viz., to divide the suit properties, item Nos.1 to 5 into two equal shares and the 6th item into ten equal shares. After the trial, the respondent herein filed an interlocutory application in I.A.No.1 of 2025 seeking amendment of the written statement. The said application was allowed by the trial Court on 26.03.2025. Aggrieved by the said order, the petitioner has filed the present Civil Revision Petition.

3. The learned counsel for the petitioner would contend that the amendment sought by the respondent at the belated stage after conclusion of trial is not maintainable in law and is prejudicial to the interest of the petitioner.

4. Since no adverse orders are going to be passed against the respondent, notice to the respondent is dispensed with.

5. Considering the facts and circumstances of the case and taking into account that the matter is at the stage of final arguments, this Court is of the opinion that the petitioner is at liberty to raise all available contentions with regard to the amended written statement at the time of final arguments before the trial Court.

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6. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 16.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Additional Sub Court, Karur.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

TSG 16.07.2025 4/4