VELLAICHAMAY Vs. YAMULU GOUNDER

JUDGEMENT

(1.) The above civil revision petition has been filed under Section 115 of the Code of Civil Procedure praying to set aside the fair and decretalorder dated 18.3.2002 made in I.A.No.108 of 2002 in O.S.No.80 of 2002 by the Court of II Additional District Munsif, Dindugal.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the respondents 1 and 2 herein have filed the suit in O.S.No.80 of 2002 before the Court below as against the revision petitioner and respondents 3 and 4 herein for declaration that the 'A' schedule cart track is the maamool track for reaching the properties disclosed in 'B' to 'H' schedules and pending the suit, the plaintiffs/respondents 1 and 2 have filed an application in I.A.No.59 of 2002 under Order 6 Rule 17 CPC for amendment of the plaint schedule on ground that the defect in the plan and the schedule were noted only at the time of inspection of property by the Advocate-Commissioner and Surveyor; that S.No.617 is a natham and therefore S.No.617 should be included and S.Nos.616/6-B and 616/10-B should be deleted from the schedule of property.

(3.) This application is opposed by the second petitioner/revision petitioner on ground that the same is not maintainable and would pray to dismiss the said application.