Mani Alias Seeman Rowtharya Pillai v. The Head Master

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.12905 of 2024 Mani @ Seeman Rowtharya Pillai Possari & Trustee of Arulmigu Sree Pattani Chokka Rowutharaya Ayyanar Temple, Vasantha Nagar, Madurai.

... Petitioner / Petitioner / Plaintiff Vs.

1.The Head Master, Thiyagarajar Higher Secondary School, Vasantha Nagar, Madurai-3.

2.The General Manager, Meenakshi Mills Ltd., Paravai, Madurai. ... Respondents / Respondents / Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 04.06.2024 passed in I.A.No.1 of 2023 in O.S.No.1046 of 2011 on the file of the First Additional District Munsif Court, Madurai by allowing this revision petitioner and issue an appropriate order.

For Petitioner : Mr.J.Mathesh For Respondents : Mr.M.Sridher 1/4

O R D E R

Heard both sides.

2. The plaintiff in O.S.No.1046 of 2011 on the file of the first Additional District Munsif Court, Madurai Town, is the revision petitioner. The suit is for permanent injunction. The plaintiff filed I.A.No.1 of 2023 for amendment of the plaint. IA was dismissed vide order dated 04.06.2024. Questioning the same, this civil revision petition came to be filed.

3. The learned counsel appearing for the petitioner reiterated all the contentions set out in the memorandum of civil revision petition and called upon this Court to set aside the impugned order and grant relief as prayed for.

4. I am not swayed by the said submission. As rightly pointed out by the learned counsel appearing for the respondents, the plaintiff in the case of amendment cannot add a new property altogether. The original suit schedule is sought to be amended as Item No.1. Item No.2 is sought to be added. This completely alters the cause of action and the character of the suit. Therefore, the court below was justified in dismissing the IA. Interference is not 2/4

warranted. This Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

19.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The First Additional District Munsif Court, Madurai. 3/4

G.R.SWAMINATHAN, J.

rmi 19.10.2024 4/4