The Madras High Court dismissed a Civil Revision Petition challenging an order allowing amendment of a suit prayer to include mandatory injunction in a partition dispute, finding no illegality in the lower court's decision to avoid multiplicity of proceedings.
Civil Revision Petition dismissed; connected Miscellaneous Petition 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.
CRP.PD.No.3917 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP (PD) No.3917 of 2018
and
CMP.No.21748 of 2018
1. P.N.Balasubramanian
2. P.N.Deivasigamani ... Petitioners
Vs.
1. Dr.K.Shanmugam
2. Angayarkanni
3. K.Dhivyananthan
4. Logasundari
5. Dr.A.Karthikeyan
6. State of Tamil Nadu
Rep.by the District Collector,
Erode, Erode District.
7. The Executive Officer/Special Officer,
Kavindapady Panchayat,
Kavindapady. ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order passed by the Principal District Munsif (FAC) Bhavani in I.A.No.1872 of 2017 in O.S.No.92 of 2017 dated 21.08.2018.
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CRP.PD.No.3917 of 2018
For Petitioners : Mr.Sriram for : Mr.R.N.Amarnath
For Respondents : Mr.N.Manokaran (for R2 to R5) : No Appearance ( for R6 & R7)
O R D E R
This Civil Revision Petition is directed as against the fair and decretal
order passed in I.A.No.1872 of 2017 in O.S.No.92 of 2017 dated 21.08.2018 on the file of the learned Principal District Munsif (FAC)
Bhavani, thereby allowing the petition for amendment.
to 5 are the plaintiffs. The respondents 1 to 5 filed a suit for partition, declaration and separate possession. According to the respondents 1 to 5 while pending the suit, the petitioners have put up construction in the suit property. Therefore, they filed a petition for amending the prayer to include
the prayer of mandatory injunction to remove the construction put up by the petitioners in the suit property.
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CRP.PD.No.3917 of 2018
filed a written statement even before filing the suit, they have put up the
construction and they are in possession and enjoyment of the same.
prayer to include the prayer of mandatory injunction to avoid the multiplicity of proceedings. Therefore, this Court finds no infirmity or illegality in the order passed by the Court below.
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CRP.PD.No.3917 of 2018
Kavindapady Panchayat, Kavindapady.
G.K.ILANTHIRAIYAN,J.
Kv
CRP (PD) No.3917 of 2018
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CRP.PD.No.3917 of 2018
16.04.2021
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1 issue framed by the court
Whether the order allowing amendment of prayer to include mandatory injunction in a partition suit suffered any illegality or infirmity.
P.N.Balasubramanian
P.N.Deivasigamani
Dr.K.Shanmugam
Angayarkanni
K.Dhivyananthan
Logasundari
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
