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2024 Supreme(Online)(MAD) 14111

HIGH COURT OF MADRAS
Hon`ble Mr.Justice K.MURALI SHANKAR
MURUGAN – Appellant
Versus
ASHOK KUMAR – Respondent


ORDER

The Civil Revision Petition is directed against the order passed in I.A.No.1052 of 2018, in O.S.No.442 of 2014, dated 05.04.2019, on the file of the Additional District Munsif Court, Dindigul allowing the petition filed under Order VI Rule 17 C.P.C.

2. The respondent as plaintiff has filed the above suit claiming permanent injunction restraining the defendant and his men from any manner encroaching or interfering with the enjoyment of the common lane for proceeding to his house. The revision petitioner has filed a written statement and is contesting the suit. Pending trial, the plaintiff has filed an application under Order VI Rule 17 C.P.C., seeking permission to amend the plaint in I.A.No.1052 of 2018. The revision petitioner / respondnet has filed the counter statement raising serious objections. The learned District Munsif, after enquiry, has passed the impugned conditional order allowing the petition on payment of costs. Aggrieved by the impugned order, the defendant has preferred the present revision.

3. The case of the respondent/plaintiff is that the Advocate Commissioner has filed his report and plan and through that, the plaintiff came to know that the portion of the d

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