P.Karthikeyan v. S.Pitchai Pillai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)No.13265 of 2023 P.Karthikeyan ... Petitioner / Petitioner / Plaintiff Vs.

1.S.Pitchai Pillai 2.P.Prakesh 3.P.Damayanthi 4.P.Malathi 5.T.Ravichandran 6.T.Nagarajan 7.P.Jayamani 8.S.Eswari 1/6

9.E.Suguna 10.S.Moscow 11.S.Suganya 12.G.Elayaraja 13.The Tahsildar, Taluk Office, Papanasam, Thanjavur District.

14.The Sub Registrar of Ayyampettai, Sub Registrar Office, Ayyampettai, Papanasam Taluk, Thanjavur District.

.. Respondents / Respondents / Defendants Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to allow this civil revision petition call for the records relating to the order passed by the learned II Additional District and Sessions Judge, Thanjavur dated 30.06.2023 in I.A.No.70 of 2023 in O.S.No.95 of 2018 and set aside the same and allow the said application. For Petitioner : Mr.Murugavel For Respondents : Mr.A.N.Ramanathan for R.1 to R.4 Mr.K.Balasubramani Special Government Pleader for R.13 & R.14 2/6

ORDER

Heard both sides.

2.The plaintiff in O.S.No.95 of 2018 on the file of II Additional District and Sessions Judge, Thanjavur is the revision petitioner herein. It is a suit for partition. The petitioner filed I.A.No.40 of 2023 for amending the suit schedule. He wanted to include two items. Since no counter was filed, the said IA was allowed. Thereafter, the present I.A.No.70 of 2023 was filed. The said IA was dismissed. Challenging the same, this Civil Revision Petition came to be filed. 3.The learned counsel for the respondents strongly contested the very maintainability of I.A.No.70 of 2023. It is seen that the description setout in I.A.No.40 of 2023 was not sufficient and that necessitated filing of I.A.No.70 of 2023. Since it is a pre-trial amendment it can very well be allowed.

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4.There is considerable force in the contention of the learned counsel for the respondents that what should have been sought for is an amendment of the petition filed in I.A.No.40 of 2023. I am of the view that such technical approach need not be adopted. It is a suit for partition. Secondly, the amendment is at the pre-trial stage. 5.In this view of the matter, the impugned order is set aside. The Court below is directed to dispose of O.S.No.95 of 2018 on merits and in accordance with law within a period eight months from the date of receipt of a copy of this order.

6.This Civil Revision Petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

03.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 4/6

To II Additional District and Sessions Judge, Thanjavur.

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G.R.SWAMINATHAN, J.

MGA and C.M.P(MD)No.13265 of 2023 03.10.2024 6/6