MOHIDEEN SHERIFF Vs. K KHUL MOHAMED

JUDGEMENT

(1.) THE Civil Revision petitioner/second respondent/second defendant has filed the present Civil Revision Petition as against the order dated 09.11.2006 in I.A.No.514 of 2006 in O.S.No.983 of 2004 passed by the II Additional District Munsif, Salem in allowing the amendment application filed by the respondents/petitioners/plaintiffs filed under Order 6 Rule 17 of Civil Procedure Code praying for permission of Court to amend the plaint.

(2.) THE trial Court while passing orders in I.A.No.514 of 2006 inter-alia opined that even in the suit T.S.No.68 is already mentioned as the suit property and now the petitioners want to include a portion in T.S.No.69 measuring 2858 sq.ft. etc., and has come to the conclusion that the title and share if any have to be decided on merits, when the suit is adjudicated upon and not in this Interlocutory Application and has resultantly allowed the application.

(3.) IT is to be noted that in the plaint, the respondents/respondents/plaintiffs have sought a relief of division of suit properties into two equal shares and allot one such share to the plaintiffs etc.,. IT is relevant to point out that in the description of the property T.S.No.68 is mentioned which is about 18081 sq.ft.