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Madras High CourtCRP(MD)/3940/2025dismissed

Ayyanar v. Kandhasamy

2026-01-06Honourable Mr.Justice N.Senthilkumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.01.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR C.R.P(MD). No.3940 of 2025 and C.M.P(MD) No.20586 of 2025 1.Ayyanar 2.Radhapandiyan 3.Murugan 4.Niraipandiyan 5.Kodithdurai ... Petitioners/ Petitioners/ Plaintiffs Vs 1.Kandhasamy 2.Palraj 3.Murugesan 4.Ramar

...Respondents / Respondents/ Respondents

PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 10.09.2025 passed by the District Munsif Court, Rajapalayam in I.A.No. 4 of 2024 in O.S.No.144 of 2024.

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For Petitioners : Mr.K.Sudalaiyandi

ORDER

Challenging the order passed by the trial Court in I.A.No.4 of 2024 in O.S.No.144 of 2024, with regard to the amendment of the plaint, this Civil Revision Petition is filed.

2. The learned counsel appearing for the revision petitioners would submit that the suit was originally filed seeking a declaration in respect of the installation of the deity Ayyanar Swamy. Subsequently, an application was filed seeking amendment of the plaint to include the installation of Sri Pathalaiyamman deity. The trial Court rejected the said amendment application, taking into consideration that the proposed amendment would widen the scope of the suit and is contrary to the provisions of Order I Rule 8 of the Code of Civil Procedure.

3. The trial Court found that the suit was confined only to the installation of Ayyanar Swamy and that there were no pleadings in the plaint with regard to the installation of Sri Pathalaiyamman. Therefore, 2/4

the amendment seeking to include another deity could not be entertained.

4. This Court finds no infirmity in the order passed by the trial Court. The proposed amendment would change the nature and scope of the suit and hence was rightly rejected. Accordingly, this Civil Revision Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs.

Speaking : Yes / No 06.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No Indu To The District Munsif Court, Rajapalayam.

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N.SENTHILKUMAR, J.

Indu 06.01.2026 4/4