IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-11-2025 CORAM THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP Nos. 5300 and 5301 of 2025 and CMP No.26646 of 2025

1. SELVARAJ S/o. Duraisamy Naicker, No.326, Fourth Main Road, Kamarajar Nagar, Thiruvanmiyur, Chennai 600 004.

2. Sivakumar S/o.Masilamani, No.84 New No.3 Village Main Road, Sholinganallur, Chennai - 600 119.

Petitioner(s)

Vs Punniyavathy (died), 1.V.Sekar S/o. Vedagiri, No.2/67, Vembuliamman Koil Street, Vandalur, Chennai-600 048.

2.V.Balu S/o.Vedagiri, Residing at No.2/67 Vembuliamman Koil Street, Vandalur Chennai - 600 048.

3.P.Devaki W/o.Parthasarathi, at No.2/67 Vembuliamman Koil Street, Vandalur, Chennai - 600 048.

Prema (died), Masilamani (died).

4.Alamelu D/o.Duraisamy Naicker, No.3/367, Pillaiyar Kovil Street, Mettukuppam, Chennai - 600 119.

Yamuna (died).

5.Loganayaki @ Premalatha D/o.Masilamani, Residing at No.84 New No.3 Village Main Road, Sholinganallur, Chennai - 600 119.

6.Sundari D/o.Masilamani, Residing at No.84 New No.3 Village Main Road, Sholinganallur, Chennai - 600 119.

7.Ramani D/o.Masilamani, Residing at No.84 New No.3 Village Main Road, Sholinganallur, Chennai - 600 119.

8.Amutha D/o.Masilamani, Residing at No.84 New No.3 Village Main Road, Sholinganallur, Chennai - 600 119.

9.V.Manickam S/o.Vedagiri, No.5, Maduvappan Naicken Street, Lakshmipuram , Chrompet, Chennai - 600 044.

10.Kothanayaki W/o.Ekambaram, Old No.19/27, Manimekala Street, Maraimalainagar -

Respondent(s)

603 209.

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of To set aside the order and decree passed in IA.No.6/2024 in O.S.No.209/2024 dated 19-07-2025 on the file of the Honble Dist.Munsif Cum Judicial Magistrate, Sholinganallur and allow the Civil Revision Petition.

For Petitioner(s): MR.T.N.Rajagopalan FOR J.Abdul hadi

ORDER

These civil revision petitions are filed challenging the order passed by the Trial Court, allowing the applications for amendment filed by the respondents/plaintiffs.

2. The respondents 1 to 3/ plaintiffs filed a suit in O.S.No.693 of 2000 on the file of Principal District Munsif, Alandur against the petitioners and others seeking partition of the properties situated at Sholinganallur. They also filed yet another suit in O.S.No.516 of 2006 for partition on the file of Principal District Munsif, Alandur, in respect of the properties situated in Enjambakkam.

Subsequently, both the suits were transferred to the file of District Munsif cum Judicial Magistrate, Sholinganallur and the same were renumbered as O.S.No.207 of 2024 and 209 of 2024 respectively.

3. The plaintiffs filed applications in both the suits for amendment of the plaint and they wanted to include some new items which were not included in the original suits. The plaintiffs also wanted to amend the survey numbers and its extent of the existing items, by giving different extents. The said applications were allowed by the Trial Court. Aggrieved by the same, the defendants 2 and 6 in O.S.No.209 of 2024 and the defendants 2 and 8 in O.S.No.207 of 2024 have come before this court.

4. The learned counsel for the petitioners vehemently contended that similar amendment application was filed by the plaintiffs in I.A.No.81 of 2019 in O.S.No.693 of 2000 ( renumbered as O.S.No.207 of 2024), while the said suit was pending on the file of District Munsif, Alandur and the same was withdrawn with liberty to file a fresh amendment application. Though the said application was withdrawn as early as on 31.07.2014, thereafter, the plaintiffs have not taken any steps to file fresh amendment application and after a lapse of 10 years, the present applications have been filed seeking inclusion of new items in the plaint along with prayer for amendment of survey numbers, extent of the existing items. The learned counsel also submits that the plaintiffs have not given any acceptable reason for such long delay in filing the applications. Therefore, the Trial Court committed a serious error in entertaining the applications.