Rasappan v. Muhtusamy (Died) 1. Asaithambi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2025
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU and C.M.P(MD)No.15020 of 2025 Rasappan ... Petitioner/Petitioner/ Plaintiff Vs.
Muthusamy (Died) 1.Asaithambi 2.Thangaraj 3.Murugesan Rasappan (Died) 4.Ganesan
5. Susila 6.Saraswathi 7.Rakkayee Ammal 8.Sakunthala 9.Ragupathi 10.Parimala Lakshmi 11.M.Saraswathi 12.V.Selvaraj 13.A.Pitchaimuthu 14.K.Rengasamy 15.K.Eswaran 16.K.Rasammal 17.K.Ramalingam 18.S.Rajamani 19.M.Dharmaligam 20.Kannammal 21.K.Nallusamy 1/7
22.C.Mallika 23.R.Ravi 24.S.V.Karuppusamy 25.Gopalakrishnan 26.Jeganathan
27. K.Maniraj
28. P.Rani 29.N.Thulasiyammal 30.K.Parameswaran 31.Rathinam Thangavel 32.Jeevanantham 33.K.Ramesh 34.P.Gunasekaran 35.P. Marimuthu 36.R.Nallammal 37.Raja 38.P.Balakrishnan 39.R.Manoharan 40.T.Valliammal 41.N.Ramasamy 42.Sellammal 43.K.Natarajan 44.G.Arivazhagan 45.P. Palaniyammal 46.R.Shanmugam S.Ramasamy (Died) K.Palanisamy (Died) 47.M.Pushpam 48.Shanmugam 49.Pappathi 50.Periyasamy 51.Lakshmi 52.Govindasamy 53.Saraswathi 54.Periyasamy 55.Savithri 56.R.Saraswathi 57.Annathai 58.M.Pappammal 59.Thangammal 2/7
60.Kamatachi Theerthapathi (Died) 61.R.Subramanian 62.M.Manoharan 63.R. Murugesh R.Pasupathi (Died) 64.P. Nallammal 65.R. Pappayee Ammal
66. R. Lakshmi
67. Mathi 68.Ganesan @ Subramani 69.P.Nallammal 70.P.Mani 71.N.Ramasamy 72.R.Mahesh 73.R.Loganathan 74.R.Poongothai 75.Kamatchi 76.Gowri 77.Gobi 78.Pappathi 79.Nirmala 80.Valarmathi, 81.Palanisamy @ Ramesh
...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 19.08.2025 in I.A. No.10 of 2025 in O.S.No.414 of 2004 on the file of the Additional District Munsif, Karur and allow this Civil Revision. For Petitioner : Mr.V.Nagarajan 3/7
ORDER
The instant civil revision petition has been filed to set aside the fair and decreetal order dated 19.08.2025 in I.A. No.10 of 2025 in O.S.No.414 of 2004 on the file of the Additional District Munsif, Karur
2. The learned counsel for the petitioner submits that the petitioner had filed a suit for partition, in which, due to inadvertence, certain properties belonging to the family were left out. Hence, he seeks to amend the plaint to include the said properties. He submits that the Trial Court without considering the facts which is an inadvertent error, dismissed the amendment petition. He submits that if the properties are not included, the petitioner will put to irreparable loss and undue action. Therefore, he seeks the interference of this Court with the order impugned in this civil revision petition.
3.I have considered the arguments advanced by the learned counsel for the petitioner and perused the materials available on record.
4. The suit for partition was instituted as early as in the year 2004 and the present amendment application has been filed only in the year 4/7
2025. The reasons attributed by the petitioner is that he was beneficially employed in chennai and that the plaint had been prepared by his wife, who is illiterate. The plaint was verified by the petitioner without understanding the implications in the plaint.
5. The amendment has been sought for to include the suit property without making any amendment to the pleadings as to how the amendment to include the suit property is sought to be made. Further, the proposed amendment also do not value the proposed items of the property and also is not in order. Such amendment is being sought after a lapse of 21 years, for which no reasons has been given by the petitioner. Even admittedly the petitioner had blamed his wife for improper plaint without filing the supporting affidavit from his wife.
6. For the aforesaid reasons, this Court does not find any infirmity in the order passed by the Court below. Accordingly, this civil revision petition stands dismissed.
7. Considering the fact that the suit is of the year 2004, there shall be a direction to the Additional District Munsif, Karur to dispose of the 5/7
suit within a period of 6 months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.
12.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Additional District Munsif Cout, Karur.
2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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K.KUMARESH BABU ,J.
SN 12.09.2025 7/7