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G.Anbazhagan Vs 1.G.MAHESH (Died), 2. M.Annaperumayee — Property and Title | Madras HC (2025)

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Madras HC
2025
G.Anbazhagan Vs 1.G.MAHESH (Died), 2. M.AnnaperumayeG.Anbazhagan v. 1.G.MAHESH (Died), 2. M.Annaperumayee

Allowed

G.Anbazhagan v. 1.G.MAHESH (Died), 2. M.Annaperumayee

Madras HC30 Oct 2025CMP(MD)/16762/2025

Case brief

AI extract

What is this about?

Appellant in an appeal sought leave under Order 6 Rule 17 CPC to amend the plaint to add a claim for refund of an advance paid under an agreement. The court allowed the amendment and directed the trial court to record it in the suit register.

What did the court decide?

Amendment of plaint permitted to include relief of refund of advance amount; trial court directed to record amendment.

What the court decided

AI extract

Outcome

Amendment of plaint permitted to include relief of refund of advance amount; trial court directed to record amendment.

Issue for consideration

Whether the appellant should be permitted to amend the plaint to add a relief of refund of advance amount paid under the agreement.

Detailed headnote1 paragraphs

Application for amendment of plaint in a pending appeal to incorporate a relief for refund of advance amount paid under an agreement. The court held that since the agreement was not disputed, it was appropriate to permit the plaintiff to add this relief. The petition was allowed without entering into other discussion, with a direction to the trial court to record the amendment in O.S.No.162 of 2018. Matter posted after three weeks.

A compact analysis

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.

A

CMP(MD) NO. 16762 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30-10-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND

THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR

CMP(MD) NO. 16762 of 2025 in AS(MD)No.170 of 2025

G.Anbazhagan

Petitioner(s)

Vs.

1.G.MAHESH (DIED),

M.Annaperumayee

M.Rajarajan

Rahul Prasad Represented by its Guardian mother And next friend 2nd defendant Annaperumayee Wife of Late Mahesh

Respondent(s)

For Petitioner(s):

Mr.P.Vadivel

For R2 to R4 : Mr.A.Siva Subramanian

Prayer: This petition is filed under Order 6 Rule 17 of CPC to permit the petitioner to amend the plaint as detailed hereunder.

1/3

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

ORDER

(Order of the Court was made by the Hon'ble C.V.Karthikeyan J.)

This application had been taken out by the appellant seeking to

amend the plaint to incorporate the relief of refund of advance amount paid under the agreement.

The fact that the parties entered into an agreement is not disputed. It is only appropriate that the plaintiffs may be permitted to incorporate this particular relief.

Heard the learned counsel for the respondents 2 to 4 also.

Without entering into any other discussion, we would allow this petition to permit the amendment to be carried out.

A copy of this order may be intimated to the learned II Additional District and Sessions Court, Thanjavur, with a direction to record this amendment in the suit register in O.S.No.162 of 2018, in which the judgment had been passed on 18.09.2024.

Post the matter again after three weeks.

(C.V.KARTHIKEYAN J.) (R.VIJAYAKUMAR J.) 30-10-2025

CM

2/3

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To,

The II Additional District and Sessions Court, Thanjavur,

3/3

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appellant should be permitted to amend the plaint to add a relief of refund of advance amount paid under the agreement.

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Civil Procedure, 1908Order 6 Rule 17

Parties & counsel

AI extract

petitioner
G.Anbazhagan
respondent
G.MAHESH (DIED)
respondent
M.Annaperumayee
respondent
M.Rajarajan
respondent
Rahul Prasad (represented by guardian mother and next friend M.Annaperumayee)

Coram

AI extract

C.V. Karthikeyan
R.Vijayakumar

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 30 Oct 2025 · October
Registered: 14 Oct 2025
Case no.: CMP(MD)/16762/2025
CNR: HCMD011372892025
Topic: Property and Title
Bench: C.v. Karthikeyan R.vijayakumar
Disposal: ALLOWED

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Cite this judgement

G.Anbazhagan v. 1.G.MAHESH (Died), 2. M.Annaperumayee, CMP(MD)/16762/2025 (MAD), decided on 30 October 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Code of Civil Procedure, 1908Order 6 Rule 17

View all statutes

Bench / Coram

C.V. Karthikeyan and R.Vijayakumar

Parties & counsel