Disposed

Sundar Deivendran v. Thegatta@Chinnavaira Thevar (Died) 2.SUNDARAVALLI

Madras HC12 Jan 2023CRP(MD)/83/2023

Case brief

AI extract

What is this about?

In a civil revision petition challenging the rejection of an amendment application in a partition suit, the High Court directed the petitioner to produce patta documents to the trial court. Upon receipt, the trial court must consider the amendments on merits.

What did the court decide?

Directed petitioner to produce patta documents; trial court to consider amendments and pass orders on merits after filing.

Sundar Deivendran Vs Thegatta@Chinnavaira Thevar (Died)… — Partition | Madras HC (2023)

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CRP(PD)(MD)No.83 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.01.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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CRP(PD)(MD)No.83 of 2023 and CMP(MD)No.375 of 2023

Sundar Deivendran

... Petitioner

versus

Thegatta @ Chinnavaira Thevar (died)

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P.Sundaravalli

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K.Selvi

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V.Rajathi

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Sekar

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Sundhan

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Jayapandiyammal

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Surathi

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Minor Sundari

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Periya Sundhan

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Malaimegu

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Dhanalakshmi

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Kanaga

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Ganapathi

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Alagurasathi

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Paranjothi

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Sulochana

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Sivanammal

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Annakodi

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

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CRP(PD)(MD)No.83 of 2023

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Boomadevi

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Jeyaraman

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Selvi

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Kodivairavan

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Chinnakaruppan

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Varadharajan

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Mokkaraj

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Manikandan

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Angusamy

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Kaliammal

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Vairachezhiyan

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Pandi

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Mariappan

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Sundar

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Ganapathy

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Muthulakshmi

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Panjammal

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Petchiammal

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... Respondents

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Civil Revision Petition filed under Article 227 of the Constitution of India, as against the order dated 25.11.2022 passed in I.A.No.570 of 2022 in O.S.No.379 of 2017 by the learned Subordinate Judge, Thirumangalam, Madurai District.

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For Petitioner : Mr.R.R.Kannan

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ORDER

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This Civil Revision Petition is filed against the order dated 25.11.2022 passed in I.A.No.570 of 2022 in O.S.No.379 of 2017 by the 2/6

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

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CRP(PD)(MD)No.83 of 2023

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learned Subordinate Judge, Thirumangalam, Madurai District.

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The petitioner is the plaintiff in O.S.No.379 of 2017. The said

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suit was filed in the year 2013 for the relief of partition. The petitioner/plaintiff has also filed an interlocutory application in I.A.No. 570 of 2022 under Order 6 Rule 17 C.P.C. to amend the plaint. The trial Court, by its order dated 25.11.2022, accepted 1^st and 2^nd amendments sought by the petitioner and rejected 3^rd amendment on the ground that the petitioner/plaintiff has not produced any supportive documents in respect of the correct survey numbers and correct extent of survey numbers. Aggrieved over that, the present Civil Revision Petition has been filed.

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The learned counsel appearing for the petitioner submits that

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the petitioner/plaintiff has filed the above interlocutory application based on the patta of those properties, however, he failed to produce the same before the trial Court. Therefore, he requests for a chance for

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3/6

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

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CRP(PD)(MD)No.83 of 2023

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the petitioner to produce the patta of those properties and to substantiate his case.

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Considering the nature of suit and also considering the request

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made by the learned counsel for the petitioner, this Court, without observing anything on merits of the Civil Revision Petition, directs to the petitioner to produce the relevant patta documents before the trial Court and substantiate that the amendments are required. On filing of those documents, the trial Court shall consider the same and pass orders on merits.

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With the above direction, the Civil Revision Petition is

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disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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12.01.2023

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ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

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4/6

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

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CRP(PD)(MD)No.83 of 2023

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The learned Subordinate Judge, Thirumangalam, Madurai District.

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The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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5/6

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

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CRP(PD)(MD)No.83 of 2023

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B.PUGALENDHI, J.

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ogy

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CRP(PD)(MD)No.83 of 2023

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12.01.2023

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6/6

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

Sundar Deivendran v. Thegatta@Chinnavaira Thevar (Died) 2.SUNDARAVALLI

Case brief

What is this about?

What did the court decide?

Sundar Deivendran v. Thegatta@Chinnavaira Thevar (Died) 2.SUNDARAVALLI

Case brief

What is this about?

What did the court decide?

What the court decided

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