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2021 Supreme(Online)(MAD) 45359

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice R.THARANI
M.D.PASUPATHY LAKSHMANNA – Appellant
Versus
PADMAVATHY – Respondent


ORDER

This petition has been filed to set aside the order in I.A.No.4 of 2020 in O.S.No.156 of 2012 on the file of the learned I Additional District Munsif, Tirunelveli.

2.The petitioner herein is the plaintiff and the respondents herein are the defendants in the suit. The petitioner herein has filed a suit in O.S.No.156 of 2012, for mandatory injunction to remove the unauthorized encroachment and construction put up by the defendants 1 and 3 and for permanent injunction. Pending suit, the petitioner herein has filed a petition in I.A.No.4 of 2020 seeking permission to amend the plaint.

3.A Brief substance of the petition in I.A.No.4 of 2020 is as follows:

The plaintiff has filed the suit through his power agent. The suit was filed for mandatory injunction with regard to suit items A to C properties and for an order of permanent injunction against the third defendant. The written statement was filed by the defendants denying the title of the plaintiff and hence, it is necessary to implead a prayer for declaration. A portion of the property has to be recovered and a prayer to that effect is to be included and hence, an amendment is necessary.

4.Brief substance of the counter in I.A.No.4

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