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Madras High CourtCMP(MD)/16762/2025allowed

G.Anbazhagan v. 1.G.Mahesh (Died), 2. M.Annaperumayee

2025-10-30Honourable Mr Justice C.V. Karthikeyan,Honourable Mr Justice R.Vijayakumar3 pages

CMP(MD) NO. 16762 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30-10-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR CMP(MD) NO. 16762 of 2025 in AS(MD)No.170 of 2025

1. G.Anbazhagan Petitioner(s) Vs.

1.G.MAHESH (DIED),

2. M.Annaperumayee

3. M.Rajarajan

4. Rahul Prasad Represented by its Guardian mother And next friend 2nd defendant Annaperumayee Wife of Late Mahesh Respondent(s) For Petitioner(s):

Mr.P.Vadivel For R2 to R4 : Mr.A.Siva Subramanian Prayer: This petition is filed under Order 6 Rule 17 of CPC to permit the petitioner to amend the plaint as detailed hereunder. 1/3

ORDER

(Order of the Court was made by the Hon'ble C.V.Karthikeyan J.) This application had been taken out by the appellant seeking to amend the plaint to incorporate the relief of refund of advance amount paid under the agreement.

2. The fact that the parties entered into an agreement is not disputed. It is only appropriate that the plaintiffs may be permitted to incorporate this particular relief.

3. Heard the learned counsel for the respondents 2 to 4 also.

4. Without entering into any other discussion, we would allow this petition to permit the amendment to be carried out.

5. A copy of this order may be intimated to the learned II Additional District and Sessions Court, Thanjavur, with a direction to record this amendment in the suit register in O.S.No.162 of 2018, in which the judgment had been passed on 18.09.2024.

6. Post the matter again after three weeks.

(C.V.KARTHIKEYAN J.) (R.VIJAYAKUMAR J.) 30-10-2025 CM 2/3

To, The II Additional District and Sessions Court, Thanjavur, 3/3