Madras High Court
CRP/6524/2026 of K. Vidubalan Vs D. Selvam on 9 October 2026
CRP No. 6524 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6524 of 2026
and CMP No.28113 of 2026
CNR:{HCMA012381642026}
1.K. Vidubalan
2. K.Muthuramalingam,
Petitioner(s)
Vs
D. Selvam
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 31.08.2026 passed in I.A. No. 14 of 2026 in O.S. No. 5962 of 2016 on the file of XVI Assistant City Civil Court at Chennai.
For Petitioner(s):
Mr.R.Ravichandran
For Respondent(s):
Mr. M.Praveen Kumar
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A. No.14 of
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CRP No. 6524 of 2026 2026 in OS.No.5962 of 2016, dated 31.08.2026, on the file of XVI Assistant City Civil Court, Chennai, wherein the application filed by the respondent/plaintiff under Order VI Rule 17 CPC, to amend the Survey Number as 394/2 instead of 394/1, came to be allowed by the Court below.
2. Heard the learned counsel for the petitioners and the learned counsel for the respondent.
3. This Court carefully considered the submissions made on either side and the materials available on record. This Court also went through the order passed by the Court below.
4. The respondent is the plaintiff who filed the suit in OS.No.5962 of 2016, seeking for the relief of permanent injunction and recovery of possession of the B schedule property which is said to be the portion of property alleged to have been encroached by the defendants. Initially, when the suit was filed, the survey number was shown as 394/1.
5. The defendants filed written statement and they took a stand that the plaintiff does not have any right over the property and that they have been in possession and enjoyment of the property for a long period of time and property in question is a poramboke land which belongs to the Government and therefore
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CRP No. 6524 of 2026 the plaintiff does not have any right to seek for recovery of possession and permanent injunction.
6. The issues were framed and the trial was conducted and final arguments were also advanced on both sides and the Court below had reserved the case for final judgment. At that stage, the respondents filed IA.No.14 of 2026 under Order VI Rule 17 of CPC, to amend the plaint by incorporating Survey No.394/2 instead of Survey No.394/1 in the plaint.
7. The Court below allowed the application on the ground that no serious prejudice will be caused to the defendants and that the Court below will be able to effectively grant the relief while finally disposing of the suit. The Court below further rendered a finding that the defendants have every right to object the present amended pleadings by filing additional written statement and through cross examination. Accordingly, the application was allowed on payment of costs of a sum of Rs.2,000/- Aggrieved by this order, the defendants have filed the present CRP before this Court.
8. In the considered view of this Court, there is absolutely no dispute with regard to the fact that the suit property is a poramboke land belonging to the Government. It seems that both the plaintiff and the defendants are in possession of the property and it is alleged that the defendants have encroached
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CRP No. 6524 of 2026 upon a portion of the property for which the plaintiff is seeking for the relief of recovery of possession by showing that encroached portion as B schedule property. Initially, the survey number was mentioned as 394/1. Insofar as survey number was concerned, the defendants have not seriously objected and the entire trial was complete. At the fag end when the judgment was to be pronounced, the present application was filed before the Court below and the plaintiff wants to amend the survey number as 394/2 instead of Survey No.394/1. It is not a case where the defendants were alleging that the Survey was No.394/2 and the plaintiff in order to fill up that lacuna has sought for the amendment of plaint. The defendants never disputed the fact that the Survey Number is 394/1. Now the plaintiff wants to show the Survey Number as 394/2. Considering the fact that it is a poramboke land, both parties cannot claim any absolute right either in Survey No.394/1 or Survey No.394/2. Therefore, as rightly held by the Court below no serious prejudice will be caused to the defendants if the plaintiff wants to correct the number as Survey No.394/2.
9. If the defendants have any serious objections regarding the same, it is left open to the defendants to file an additional written statement and if required to cross examine the plaintiff and examine any other witness. In the light of this opportunity that is available to the defendants, this Court is not inclined to interfere with the order passed by the Court below and the same is confirmed.
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CRP No. 6524 of 2026
10. In the result, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 09-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp To XVI Assistant City Civil Court Chennai.
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CRP No. 6524 of 2026 N.ANAND VENKATESH J. kp CRP No. 6524 of 2026
09-10-2026
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