Allowed¶42

D.Murugan v. Sambandham alias Sambandhamurthy (Died)

Madras HC23 Jul 2026CMP/5948/2026

Case brief

AI extract

What is this about?

Amendment of plaint survey number under Order 6 Rule 17 CPC; C.M.P. No. 5948 of 2026 in S.A. No. 994 of 2014; Madras High Court; P. Dhanabal J.; 23-07-2026; correction of survey number from 114/2A to 144/2A; O.S.No.325 of 2009, District Munsif Court Thiruvannamalai; S.F.No.144/2A, Vengikkal Village; extent 48 2/3 cents; declaration of title, mandatory injunction, delivery of possession; D. Murugan v. Sambandham alias Sambandhamurthy (died), Mala, Manjula, Sathiya, Shanthi, Surya and A. Manikandan; identity of property not disputed; Registry to carry out amendment, posting on 03.08.2026.

What did the court decide?

Petition allowed; Registry directed to carry out the amendment (correction of the survey number from 114/2A to 144/2A in the plaint schedule) and post the matter on 03.08.2026. ¶42

D.Murugan Vs Sambandham alias Sambandhamurthy (Died) — Madras HC (2026) — LawSathi Research

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CMP No. 5948 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23-07-2026

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CORAM

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THE HON'BLE MR.JUSTICE P. DHANABAL

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C.M.P. No. 5948 of 2026 in S.A. No. 994 of 2014

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D.Murugan S/o. Duraivelu Sellamman Koil Street Erumpuliyur Village Tambaram, Chennai 59

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..Petitioner

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Sambandham alias Sambandhamurthy (died)

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Mala

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W/o. (Late) Sambandham @ Sambhandhamurthy

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Manjula D/o. (Late) Sambandham @ Sambhandhamurthy

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Sathiya D/o. (Late) Sambandham @ Sambhandhamurthy

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Shanthi

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D/o. (Late) Sambandham @ Sambhandhamurthy

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Surya

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D/o. (Late) Sambandham @ Sambhandhamurthy petitioners 1 to 6 are residing at 35/7, Muthuvinayagar Koil Street Tiruvannamalai Town and District

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__________ Page1 of 5

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

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CMP No. 5948 of 2026

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A. Manikandan S/o. Arumugam No.1188, Thendral Nagar 10th Street Vengikkal Village Thiruvannamalai Taluk

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..Respondent(s)

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Prayer: Civil Miscellaneous Petition has been filed under Order 6 Rule 17 of Civil Procedure Code to permit the petitioner to amend the survey number alone from 114/2A to 144/2A in the schedule to the Plaint in OS No. 325 of 2009 on the file of the District Munsif Court, Tiruvannamalai

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For Petitioner(s): Mr.J. Saravana Vel For Respondent(s): Mr.Krishnakumar

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ORDER

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This Civil Miscellaneous Petition has been filed by the petitioner to

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amend the Survey Number in the plaint schedule property.

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According to the petitioner, he is the plaintiff in the main suit and

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the respondent in the Second Appeal. The suit in O.S.No.325 of 2009 on the file of District Munsif Court, Thiruvannamalai has been filed seeking for relief of declaration of title, mandatory injunction and to deliver the possession in respect of the suit property situated in S.F.No.144/2A, in Vengikkal Village, Tiruvannamalai together to an

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Page2 of 5

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

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CMP No. 5948 of 2026

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extent of 48 2/3 cents. The Survey number of the suit property has been wrongly mentioned as 114/2A instead of 144/2A, therefore, filed this petition to amend the description of the property.

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Per contra, though the learned counsel appearing for the

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respondent raised objection to allow this petition, however, submitted that there is no dispute in respect of the identity of the property and the respondent also not denied the property situated in S.F.No.144/2A.

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Heard the learned counsel appearing on either side and perused

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the documents placed on record.

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Considering the fact that the respondent has not disputed

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identity of the property and the respondent also not denied the property situated in S.F.No.144/2A and taking note of the fact that in the plaint, the survey number has been wrongly mentioned as 114/2A instead of 144/2A, therefore, it is appropriate to allow the present petition.

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Accordingly, this petition is allowed.

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23-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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Note : Registry is directed to carry out the amendment and post the matter on 03.08.2026. ssd

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__________ Page3 of 5

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