Madras High Court
M.Duraisamy vs P.M.Thangavel on 22 February, 2021
C.R.P.(NPD)No.3658 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2021
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(NPD) No.3658 of 2016
and CMP No.18630 of 2016
M.Duraisamy ... Petitioner
Vs.
P.M.Thangavel ... Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of
Constitution of India, to set aside the fair and decreetal order dated
18.08.2016 made in I.A.No.220 of 2016 in A.S.No.52 of 2015 on the file
of the II Additional District Court, Erode.
For Petitioner : Mr.C.Ramraj
For Respondent : No Appearance
ORDER
This Civil Revision Petition has been filed against the fair and
decreetal order dated 18.08.2016 passed by the II Additional District
Judge, Erode in I.A.No.220 of 2016 in A.S.No.52 of 2015, thereby
allowing the petition to amend the plaint filed by the petitioner to include
another property in the partition suit.
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.3658 of 2016
2. The revision petitioner is the plaintiff. He filed a suit for
partition as against the respondent in respect of the suit properties. By
the Judgment and Decree dated 18.04.2015 except “B” Schedule
property other properties were partitioned and decreed in favour of the
petitioner/plaintiff and the respondent.
3. Aggrieved by the said order, the respondent filed an Appeal
Suit against the decree of the partition suit as against the 'A', 'B' 'C' and
'D' schedule properties. Pending Appeal Suit, the petitioner/plaintiff also
filed a cross-objection in respect of 'B' Schedule property and the
respondent filed a petition to amend the plaint by including one more
property for partition.
4. A perusal of the affidavit filed in support of the petition to
amend the plaint, the property bearing Door No.D-42 in R.S.No.1255/2
situated at Kollampalayam, Erode was alloted by the Tamil Nadu
Housing Board in favour of the petitioner and the respondent father viz.,
Muthusamy. The said Muthusamy entered into an agreement of sale in
the said property with his sister son's wife. Thereafter, he also executed a
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.3658 of 2016
Power of Attorney in respect of the said property in favour of his sister's
son. Thereafter he died. Though, the amendment is sought for in the
Appeal Suit, the suit is filed for partition and as such the Appeal Suit is
also only a continuation of suit proceedings and the amendment can be
allowed even in the lost appeal. Though, the said property is not
registered in favour of said Muthusamy, it was allotted in his favour and
the Power of Attorney executed by him also expires. Therefore, the Court
below rightly allowed this petition and included the said property in the
plaint for partition.
5. This Court finds no illegality or infirmity in the order passed
by the Court below. Accordingly, this Civil Revision Petition stands
dismissed. There shall be no order as to costs. Consequently, connected
Civil Miscellaneous Petition is closed.
22.02.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
lpp
https://www.mhc.tn.gov.in/judis/
C.R.P.(NPD)No.3658 of 2016
G.K.ILANTHIRAIYAN, J.
lpp
To
1. The II Additional District Court,
Erode.
2. The Section Officer,
V.R. Section,
Madras High Court,
Chennai.
C.R.P.(NPD) No.3658 of 2016
and CMP No.18630 of 2016
22.02.2021
https://www.mhc.tn.gov.in/judis/
