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2026 Supreme(Online)(Mad) 15581

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice S. SOUNTHAR
Mohala – Appellant
Versus
Veeraraghavan – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-02-2026 CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR CRP Nos. 496, 500 and 502 of 2026 and CMP Nos.2721, 2728 and 2726 of 2026

1. Mohala, W/o.Bhaskar Jaisingh, No.2, Ellaiamman Koil Street, Link Road, Panruti, Panruti Taluk.

2. Chitra, D/o.Rajaram Singh, No.2, Ellaiamman Koil Street, Link Road, Panruti, Panruti Taluk.

..Petitioner(s) in All CRPs Vs

1. Veeraraghavan, S/o.Muthal Chettiar, No.8, 2nd Street, Police Line, Panruti, Panruti Taluk.

2. M.Siva, S/o.Manicka Mudhaliyar, No.6/4, Muthiah Nagar, Kokkupalayam Road, Thattanchavadi, Panruti, Panruti Taluk.

3. Rani, W/o.Siva, No.6/4, Muthiah Nagar, Kokkupalayam Road, Thattanchavadi, Panruti, Panruti Taluk.

..Respondent(s) 1 to3 in all CRPS

4. V.Malathy Ammal, W/o late Damodara Nayar, Ashok Nivas Illam, Kallur Post, Annamanada, Trichur District, Kerala State. 4th respondent in CRP No.502 of 2026 Common Prayer in CRP Nos.496, 500 and 502 of 2026: Civil Revision Petitions filed under Article 227 of Constitution of India to aside the Order dated 02.12.2025 in I.A.Nos.22 of 2020, 17 of 2024 and 30 of 2024 respectively in AS.No.20 of 2017 in O.S.No.424/2004, on the file of Subordinate Judge, Panruti.

In all CRPs For Petitioner(s): Mr.T.Mohan, Senior Advocate for Mr.P.Munusami For Respondent(s) : Mr.N.Palanikumar for R2 and R3

COMMON ORDER

CRP No.496 of 2026 is arising out of the dismissal of petition for amendment of plaint in the first appeal stage.

2. CRP No.500 of 2026 is arising out of dismissal of petition seeking to amend the main amendment application filed by the plaintiffs to amend the plaint, pending first appeal.

3. CRP No.502 of 2026 is arising out of dismissal of petition to implead the predecessor in title of the defendants as one of the parties/defendants.

4. The petitioners herein/plaintiffs, who are all the appellants in the main first appeal in A.S.No.20 of 2017, filed a suit in O.S.No.424 of 2004 seeking declaration of title and permanent injunction restraining the respondents/ defendants from putting up construction in the suit B schedule property and for mandatory injunction to remove the construction already put up by the defendants in the suit wall in suit B schedule property. They also sought for declaration and recovery of vacant possession in respect of the suit C Schedule property. The suit filed by them was dismissed by the Trial Court, Aggrieved by the same, the petitioners/plaintiffs filed the first appeal.

5. Pending first appeal, the petitioners filed an application in I.A.No.22 of

2020 to amend the plaint, seeking to introduce averments in the plaint, in respect of earlier litigations in O.S.No.119 of 1956 between the plaintiffs’ parents Rajaram Singh, Rajalakshmi and one Rahamath Ali Khan. In the application seeking amendment, it was stated by the petitioners that while preparing the arguments in the first appeal, the petitioners’ present counsel found that certain legal matters relating to the decision rendered in the earlier litigation had been omitted to be pleaded in the plaint. Therefore, based on the advice tendered by the counsel, the petitioners filed the instant amendment application seeking to introduce the plea regarding earlier litigation in O.S.No.119 of 1956. The said application was dismissed by the first appellate court. Aggrieved by the same, the petitioners have filed CRP No.496 of 2026.

6. In the amendment application filed by the petitioners in I.A.No.22 of

2020 seeking to introduce a plea regarding earlier litigation, certain mistakes had crept in. Therefore, according to him, the petitioners filed yet another application in I.A.No.17 of 2024 in the first appeal seeking to amend the original amendment application in I.A.No.22 of 2020. The said amendment application was dismissed by the first appellate court on similar reasoning.

Therefore, challenging the said order, CRP No.500 of 2026 has been filed. 7. Apart from the above two applications, the petitioners also filed an application in I.A.No.42 of 2

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