High Court in a Civil Revision Petition allowed the petition to set aside an order dismissing an application to amend the suit schedule regarding property extent, finding the description wrongly stated in the earlier order.
The order dated 09.03.2016 passed in I.A.No.391 of 2015 was set aside and the Civil Revision Petition was allowed.
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.
C.R.P.No.2405 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.12.2022
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.No.2405 of 2016
and C.M.P. No.12413 of 2016
K.V.Mohankumar .... Petitioner
Vs
For Petitioner : Mr.T.Sezhian For R1 : Mr.L.Mouli For R2 to R6 : Not ready in notice
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C.R.P.No.2405 of 2016
ORDER
This Civil Revision Petition has been filed to set aside the fair and decreetal order dated 09.03.2016 passed in I.A.No.391 of 2015 in O.S.No.269 of 2008 on the file of the I Additional District Court, Salem, thereby dismissing the petition for amendment.
Petition, on the ground that already the first respondent had filed an application seeking amendment in respect of the very same subject property 2/4
C.R.P.No.2405 of 2016
which was dismissed by the Court below. Now, the petitioner had filed a petition seeking amendment in the extent of the property viz., instead of 3 ½ cents to be substituted as 0.1289 hectares as per the sale deeds. The learned counsel for the first respondent submitted that even in the present amendment petition, they had wrongly described the property, it would be corrected and accordingly the amendment can be ordered.
06.12.2022
Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Lpp
G.K.ILANTHIRAIYAN, J.
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C.R.P.No.2405 of 2016
Lpp
To
The I Additional District Judge, Salem.
C.R.P.No.2405 of 2016 and C.M.P. No.12413 of 2016
06.12.2022
4/4
1 issue framed by the court
Whether the earlier dismissing order on the amendment application should be set aside to correct the description of the property extent in the suit schedule.
1 provisions across 1 enactments
K.V.Mohankumar
V.Sundaramoorthy
Vasanthi
N.Naresh Kumar
N.Nandakumar
N.Vasanthi
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
