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2010 Supreme(Mad) 744

M.CHOCKALINGAM, T.MATHIVANAN
Soundarakanakambigai Ammal & Another – Appellant
Versus
Deputy Commissioner, HR & CE Department, Trichy – Respondent


Advocates Appeared:
For the Appellants :K. Chandrasekaran, Advocate.
For the Respondents:R1, Bhavani Subbarayan, Spl.G.P.(H.R. & C.E.) R2, T.L. Ram Mohan Senior Counsel for J. Anandavalli, Advocate.

Judgment :

M.CHOCKALINGAM, J.

1. These two intra-court appeals challenge the common order of the learned single Judge of this Court made in C.M.P.Nos. 6000 and 6001 of 1998 whereby two applications filed by the respondents/plaintiffs before the trial Court one, seeking for amendment of the plaint and the other, seeking reception of additional documents as additional evidence were dismissed.

2. These appeals have arisen under the following circumstances. The plaintiff in O.S.No.175 of 1982 laid a suit on the file Subordinate Judge, Villupuram for declaration of the first plaintiffs title as hereditary Kattalaidar of Deepakattalai in respect of the A schedule property and for injunction. The suit was actually contested by both the defendants. The suit was decreed in favour of the plaintiffs. Aggrieved over the same, one of the defendant filed an appeal in A.S.No.747/85 and the other defendant filed another appeal in A.S.No.1012/86. Pending these two appeals, these two applications, C.M.P.Nos.6000 and 6001 of 1998 came to be filed by the respondents/plaintiffs seeking amendment of the schedule of property and for reception of additional evidence.

3. This Court feels it necessary to pu












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