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2009 Supreme(Mad) 5549

M.VENUGOPAL
G. Chandranath & Another – Appellant
Versus
S. Rajapushpam – Respondent


Advocates appeared:
For the Petitioners:B. Dyaneswaran, Advocate.
For the Respondent:R. Sivaprakasam, Advocate.

Judgment

The revision petitioners/respondents/appellants 1 and 2 have preferred this civil revision petition as against the order dated 16.04.2009 in I.A.No.17 of 2009 in A.S.No.92 of 1998 passed by the Learned Principal District Judge, Salem in allowing the application filed by the respondent/petitioner/plaintiff under Order 6 Rule 17 of Civil Procedure Code praying for issuance of an order to amend the plaint.

2. The Learned Principal District Judge, Salem while passing orders in I.A.No.17 of 2009 on 16.04.2009 has inter-alia opined that the plaintiff claims right of easement for

white washing the Southern wall by using the land of the defendants. Therefore, the amendment of plaint seeking relief of declaration that Southern wall belongs to the plaintiff, and also to amend the plaint to add C schedule property over which easement right is claimed are necessary. The plaintiff is also allowed to amend the plaint to add additional pleading regarding the right of easement for the purpose of repairing, white washing and maintaining the Southern wall and resultantly allowed the application.

3. According to the learned counsel for the revision petitioners/appellants 1 and 2, the Learne






















































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