Allowed¶42

K.P. Madhanraj (Deceased), Mrs. Rathnadevi (Wife) (Died) 1. M. Vinod v. V.R. Rajashekaran @ R. Murugan

Madras HC9 Mar 2026CMP/19977/2024

Case brief

AI extract

What is this about?

Madras High Court; CMP No. 19977 of 2024 in AS No. 293 of 2015; K. Kumaresh Babu, J.; 09-03-2026; amendment of compromise memo, judgment and decree; correction of survey number from S.No.6/65 to Survey No. 6/55; suit O.S. No. 12094 of 2010; trial court decree amended in I.A. No. 1 of 2023; decree dated 18.08.2021; Registry directed to amend; no costs; no cases or statutes cited.

What did the court decide?

Petitioner permitted to amend the compromise memo correcting the survey number from 6/65 to 6/55, and the Registry directed to make necessary amendments in the judgment and decree dated 18.08.2021 in A.No.293 of 2015 in respect of the Survey Numbers as prayed for; no order as to costs. ¶42

K.P. Madhanraj (Deceased), Mrs. Rathnadevi (Wife) (Died) 1. M. Vinod Vs V.R. Rajashekaran @ R. Murugan — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner may be permitted to amend the survey number in the compromise memo and wherever found, from 6/65 to 6/55, and consequently amend the decree and judgment dated 18.08.2021 in A.No.293 of 2015.

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Court's answer

A perusal of the exhibits filed in the suit shows the suit property relates to survey no.6/55 and not survey no. 6/65 as recorded in the compromise memo; therefore, in the decree passed by this Court, the amendment needs to be carried out.

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Ratio / Principle

The Court finds no impediment in allowing the application; the Civil Miscellaneous Petition stands ordered, with no order as to costs.

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Key takeaways

On such amendment being made, the Registry is directed to make necessary amendments in the judgment and decree in respect of the Survey Numbers as prayed for.ratio¶44

Detailed headnote1 paragraphs

Civil Miscellaneous Petition (CMP No. 19977 of 2024) in Appeal Suit AS No. 293 of 2015, High Court of Judicature at Madras, K. Kumaresh Babu, J., decided 09-03-2026: Allowed, no costs. The suit property in O.S. No. 12094 of 2010 bears Survey No. 6/55, but an inadvertent error crept into the amended plaint showing S.No.6/65; the error carried into the compromise memo by which appeal AS No. 293 of 2015 was disposed and into the resulting judgment and decree dated 18.08.2021 of this Court. The trial court had already amended its decree in I.A. No. 1 of 2023 in O.S. No. 12094 of 2010. Exhibits filed in the suit confirmed the property relates to survey no.6/55, so the Court found no impediment: the petitioner was permitted to amend the compromise memo and the Registry was directed to make the corresponding amendments in the judgment and decree in respect of the Survey Numbers. No statute or precedent was cited; the respondent counsel appeared without instructions from his client.

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CMP No. 19977 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-03-2026

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CORAM

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THE HON'BLE MR.JUSTICE K.KUMARESH BABU

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CMP No. 19977 of 2024 in AS No. 293 of 2015

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K.P. Madhanraj (deceased)

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M. Manoj Kumar (wife) (died)

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M.Vinod

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M.Manoj Kumar

3. M. Jothi

..Appellant(s)

Vs.

V.R. Rajashekaran @ R. Murugan

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K.R. Vellaisamy

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M. Thangaraj

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R. Mohan

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M. Prema

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Regina

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J. Robinson

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8. J. Richardson

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..Respondent(s)

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Prayer : This petition has been filed to permit the petitioner to amend the survey number in the compromise memo and where ever found from 6/65 to 6/55 and consequently amend the decree and judgment dated 18.08.2021 in A.No.293 of 2015 on the file of this Hon’ble Court.

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For Appellant(s): M/s. S. Pugazhendhi For Respondent(s): Mr.A.E.Ravichandran (R1)

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ORDER

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The learned counsel for the petitioner would submit that originally the

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suit was filed showing the property bearing Survey No. 6/55, but however

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

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CMP No. 19977 of 2024

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inadvertently an error has crept in while filing the amended plaint and the survery number has been shown as S.No.6/65.

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The appeal suit filed against the judgment and decree of the trial Court

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was disposed by recording the compromise memo filed by the parties, wherein also the survey number of the property has been wrongly given as 6/65.

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The petitioner had taken steps by taking out an interlocutory application before the trial Court for amending the decree and the same has also been amended. Hence, it has become necessary to take out this application seeking to amend the survey number in the compromise memo as also the decree in conjunction with the original plaint and the amended decree of the trial Court.

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The learned counsel, who had appeared for the respondents would submit that he has no instructions from his client.

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I have considered the submissions made by the learned counsel for the petitioner.

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It is seen that the suit decree had been amended by the trial court in I.A. No. 1 of 2023 in O.S. No. 12094 of 2010.

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A perusal of the exhibits that have been filed in the suit would indicate that the suit property relates to a survey no.6/55 and not survey no. 6/65 as recorded in the compromise memo. Hence, in the decree passed by this Court, the amendment needs to be carried out.

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

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CMP No. 19977 of 2024

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In view of the same, this Court would not find any impediment in allowing the application and in fine, this Civil Miscellaneous Petition stands ordered. No order as to costs.

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The petitioner is permitted to amend the compromise memo and on

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such amendment being made the Registry as directed to make necessary amendments in the judgment and decree in respect of the Survey Numbers as prayed for.

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09-03-2026

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Maya

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__________ Page3 of 4

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

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CMP No. 19977 of 2024

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K.KUMARESH BABU, J.