Dismissed

Nanik Melwani (Deceased) v. Kalyanji K. Saiya

Madras HC8 Aug 2023CRP/2516/2017

Case brief

AI extract

What is this about?

MADRAS High Court dismissed a civil revision petition filed under Article 226 as infructuous after the respondent counsel sought and was granted liberty to withdraw the underlying amendment application in the civil suit.

What did the court decide?

Liberty granted to withdraw the underlying I.A.No.4987 of 2012; revision petition dismissed as infructuous; amended plaint returns ordered.

Nanik Melwani (Deceased) Vs Kalyanji K. Saiya — Civil Procedure and Limitation | Madras HC (2023)

¶1

C.R.P.(PD)No.2516 of 2017

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 08.08.2023

¶4

CORAM :

¶5

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

¶6

C.R.P(PD)No.2516 of 2017 and CMP.No.11869 of 2017

¶7

Nanik Melwani (Deceased)

¶8

1.Deepak Mirpuri

¶9

2.Paranthaman

¶10

3.Vicky M Melwani

¶11

4.Anup N.Melwani

¶12

... Petitioners

¶13

¶14

1.Kalyani K.Saiya

¶15

2.Naresh Ghanshyamdas

¶16

3.Suresh Ghansyamdas

¶17

4.K.Vanaja, Propreitrix

¶18

5.M/s.Pan Asia Logistics

¶19

Represented by Amit First floor, 1-A, 138 Royapettah High Road

¶20

Luz, Mylapore, Chennai-600 004.

¶21

6.M/s.Sri Bukhari Pir Agencies

¶22

Represented by Sheela First floor, 1-B, 138 Royapettah High Road Luz, Mylapore, Chennai-600 004

¶23

7.Rani.V.Mirpuri

¶24

8.The Chairman

¶25

Chennai Metropolitan Development Authority

¶26

Thalamuthu Natrajan Building

¶27

Egmore, Chennai-600 003.

¶28

9.The Corporation Commissioner Corporation of Chennai

¶29

https://www.mhc.tn.gov.in/judis

¶30

1/4

¶31

C.R.P.(PD)No.2516 of 2017

¶32

Rippon Building, Chennai-600 017.

¶33

10.T.V.Satyanarayana 11.Ravi Appaswamy Managing Director M/s.Appaswamy Real Estates No.3 Mangesh, T.Nagar, Chennai 600 017. .. Respondents (Cause title and power of Attorney accepted vide order of Court dated 28.04.2017 by this Court made in CMP.No.4041/2017 to 4044/2017 in CRP.SR.Nos.67611/2016 & 67608/2016.)

¶34

Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.4987 of 2012 in O.S.No.11695 of 2010 allowing the amendment of suit prayer on the file of the learned XII Assistant Judge, City Civil Court, Chennai.

¶35

For Petitioners : Mr.R.Parthasarathy For Respondents : Ms.K.Ashwini Devi (for R9)

¶36

Mr.G.Veerapathiran (for R1)

¶37

No Appearance (for R2, R3, R8, R10 & R11) R4 to R7 – Not ready notice

¶38

O R D E R

¶39

The learned counsel appearing for the 1^st respondent seeks

¶40

permission to withdraw I.A.No.4987 of 2012 with the liberty to file a fresh application for amendment. Liberty granted. This civil revision

¶41

petition becomes infructuous. Accordingly, it is dismissed as infructuous.

¶42

https://www.mhc.tn.gov.in/judis

¶43

2/4

¶44

C.R.P.(PD)No.2516 of 2017

¶45

2.The learned trial Judge is directed to return the amended plaint

¶46

that has been filed by the plaintiff, since the application on the basis of which, the amendment was carried out, has been withdrawn before this Court. No costs. Consequently, connected miscellaneous petition is closed.

¶47

08.08.2023 Index:Yes/No (1/2) Speaking order/Non-speaking order Neutral Citation:Yes/No vs

¶48

¶49

The XII Assistant Judge, City Civil Court, Chennai.

¶50

https://www.mhc.tn.gov.in/judis

¶51

3/4

¶52

C.R.P.(PD)No.2516 of 2017

¶53

V. LAKSHMINARAYANAN,J.

¶54

¶55

C.R.P(PD)No.2516 of 2017 and CMP.No.11869 of 2017

¶56

08.08.2023 (1/2)

¶57

https://www.mhc.tn.gov.in/judis

¶58

4/4

Nanik Melwani (Deceased) v. Kalyanji K. Saiya

Case brief

What is this about?

What did the court decide?

Nanik Melwani (Deceased) v. Kalyanji K. Saiya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr.a.Jawahar Palaniappan Vs M/S Kumudham Publications Pvt.

Paramasivam Vs Karunambigai (Died)

Mohamed Shallahadhi Vs K.Palani

Deivasigamani Sadhavarthi Trust Vs S. Srinivasan

Subramani Vs Shanthi

Nanik Melwani (Deceased) Vs Kalyanji K. Saiya