A single judge dismissed the civil revision petition. The Court held that the trial court rightly allowed the plaintiff's application to amend the schedule of properties to specify boundaries of distinct portions, finding no reason to interfere.
The Civil Revision Petition is dismissed. No costs awarded. Connected Civil Miscellaneous Petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2016
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM
Civil Revision Petition (PD) No.1016 of 2016 and C.M.P. No.5685 of 2016
1.P.Palani Gounden 2.Poongodi
... Petitioners
vs
A.Sengodan
... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order and decretal order dated 18.12.2015 made in I.A. No.431 of 2015 in O.S. No.243 of 2011 on the file of the learned I Additional District Munsif, Bhavani, Erode District.
O R D E R
This revision challenges the order of learned I Additional District Munsif,
Bhavani, Erode District, passed in I.A. No.431 of 2015 in O.S. No.243 of 2011 on 18.12.2015.
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respondent.
3.Learned counsel for petitioners submits that the Court below, at the stage of Trial, erroneously allowed I.A. No.431 of 2015 in O.S. No.243 of 2011 and thereby permitted the respondent/plaintiff to add fresh schedule of properties.
4.On a perusal of the order under challenge, this Court finds that the plaintiff having given a co-joint description of property in a particular Survey Number has by way of amendment sought to inform the specific boundaries of three distinct portions. Such an application stands allowed. In such circumstances, the Court below rightly has allowed the application. This Court finds no reason to interfere with the order under challenge.
5.The Civil Revision Petition is dismissed. No costs. Consequently,
connected Civil Miscellaneous Petition is closed.
13.06.2016
Index:yes/no Internet:yes vga
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To
The I Additional District Munsif, Bhavani, Erode District,
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C.T.SELVAM, J
vga
Civil Revision Petition (PD) No.1016 of 2016
13.06.2016
2 issues framed by the court
Whether the trial court erred in accepting the plaintiff's amendment to split a joint description of property into three distinct portions.
Whether the High Court should interfere with the order allowing the amendment of schedule of properties.
P. Palani Gounden & Ors.
A. Sengodan
C.T. SELVAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
