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2026 Supreme(Online)(Mad) 31732

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. V. LAKSHMINARAYANAN
Gurusamy – Appellant
Versus
Panchavaranam – Respondent


Advocates:
For the Appellants/Petitioners: Ramakrishnan, R.G.Shankar Ganesh

Table of Content
1. summary of trial court order allowing amendment based on subsequent encroachment during suit pendency. (Para 2 , 3 , 4 , 5 , 6)
2. proviso to order vi rule 17 does not bar amendments arising from post-suit events. (Para 7 , 8 , 9 , 10 , 11 , 12)

ORDER

Heard Mr.Ramakrishnan for the petitioners.

2.This Civil Revision Petition challenges the order passed by the learned Subordinate Judge at Usilampatti in I.A.No.1 of 2025 in O.S.No.181 of 2022, dated 04.09.2025.

3.By the said order, the learned Subordinate Judge at Usilampatti allowed the application for amendment filed by the plaintiffs.

4.The plaintiffs presented a suit for declaration and other reliefs. The same was received by the Court and numbered as O.S.No.181 of 2022.

5.It is the allegation of the plaintiffs that pending the suit, sometime in December 2024, the defendants had encroached upon the suit property by putting up a construction to an extent of East West 100 feet and North-South 50 feet. On coming to know of the same, the plaintiffs lodged a complaint with Checkanurani police on 26.11.2024. As civil proceedings are pending on the date of the alleged encroachment, the plaintiffs moved an application in I.A.

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