CRP/6046/2026 of Jakir Hussain Vs G.Shajahan on 29 September 2026

ORDER

This Civil Revision Petition has been under Article 227 of the Constitution of India, against the fair and decreetal order passed in IA No.10 of 2025 in OS No.5674 of 2023, dated 14.08.2026, on the file of the XVII Additional City Civil Court, Chennai, wherein the application filed by the respondents 1 to 4/plaintiffs under Order VI Rule 17 of CPC, came to be allowed by the Court below.

2. Heard the learned counsel for the petitioners and the learned counsel for the 5th respondent.

3. This Court carefully considered the materials available on record. This Court also went through the order passed by the Court below.

4. Respondents 1 to 4/plaintiffs originally filed the suit seeking for the relief of cancellation of settlement deed dated 10.8.2009 and for permanent injunction. IA.No.10 of 2025, was filed under Order VI Rule 17 of CPC, to amend the relief and seek for the relief of partition and 1/2 share in the suit

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CRP No. 6046 of 2026 property. The Court below has allowed this application mainly on the ground that such amendment will ultimately avoid multiplicity of proceedings and all the objections that have been raised on the side of the defendants can be considered while disposing of the suit. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.

5. The main ground that was urged on the side of the petitioners is that the plaintiffs do not have any right to seek for partition and there are no supporting averments made in the plaint and the Court below has mechanically allowed the application without any application of mind. It is further contended that the settlement deed is of the year 2009 and the suit was filed in the year 2023 and the relief sought for is barred by law and hence, the Court below ought not to have been allowed the amendment application.

6. In the case in hand, the entire case of the plaintiffs hinges upon the settlement deed dated 10.8.2009, which was executed in favour of the 1st defendant. The plaintiffs have sought for the cancellation of this settlement deed. If the plaintiffs do not succeed in getting this relief all the other reliefs will fall to the ground. If on the other hand, the plaintiffs are able to get the said relief, it will have a consequence and it is the consequence that is now sought to be projected by the plaintiffs seeking for partition and for allotment of 1/2 share. As rightly held by the Court below, the amendment will avoid multiplicity of

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CRP No. 6046 of 2026 proceedings in future. Even if all the plaintiffs are not entitled for any share or some of the plaintiffs will be entitled only for a lesser share, those issues will be considered by the Court below while dealing with the suit on merits.

7. The order passed by the Court below does not as such suffer from any perversity or illegality warranting the interference of this Court. The petitioners/defendants will be entitled to raise all the grounds including the question of limitation and the same will be considered on its own merits and in accordance with law. The order passed by the Court below and the order that has been passed in the present CRP will not have any bearing while the Court below decides the suit on merits.

8. In the result, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 29-09-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp

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CRP No. 6046 of 2026 To

1. XVII Additional City Civil Court, Chennai.

2. The Sub Registrar Joint Registrar Office, Virugambakkam, South Chennai District.

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CRP No. 6046 of 2026 N.ANAND VENKATESH J. kp CRP No. 6046 of 2026

29-09-2026

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