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2025 Supreme(Online)(MAD) 1442

HIGH COURT OF MADRAS
N.Senthilkumar, J
S.Kavitha – Appellant
Versus
M.Sulokshana – Respondent


Advocates:
For the Appellants/Petitioners: Mr.R.Suriya Narayanan
For the Respondents: Mr.S.Sarvagan Prabhu for R1 and R2

Table of Content
1. filing an appeal to amend plaint. (Para 2)
2. discussion on the necessity of maintaining the suit's character. (Para 3 , 4)
3. final ruling to dispose of the petition. (Para 6 , 7)

ORDER

The Civil Revision Petition is filed to set aside the executable order and fair order dated 23.11.2020 made in I.A.No.1 of 2019 in O.S.No.132 of 2016 on the file of the Subordinate Judge, Theni.

2.The petitioners are the plaintiffs in the suit in O.S.No.132 of 2016.

Originally, the suit was filed for declaration and permanent injunction. The respondents had filed their written statement in the year 2016 itself. Pending the suit, the revision petitioners had filed an application in I.A.No.1 of 2019 to amend the plaint with regard to the relief of declaration and permanent injunction on the ground that the respondents/defendants had forcibly entered into the suit schedule property on 02.01.2019 and other dates. The trial Court, by taking into consideration the pleadings and documents of both sides, had categorically stated that the defendants have forcibly entered into the suit schedule property on

02.01.2019 cannot be acted upon and also dismissed the said I.A.No.1 of 2019.

3.The learned

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