CRP(MD)/1995/2023 of THERASAMARRY Vs NEPPOLIAN on 21 September 2026

ORDER

This civil revision petition is filed against the order passed in IA.No.399 of 2022 OS.No.199 of 2013 on the file of the Principal District

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C.R.P(MD)No.1995 of 2023 Munsif Court, Kumbakonam.

2. The petitioner is the defendant. The respondent is the plaintiff. The respondent filed a suit for the relief of recovery of possession, mandatory injunction and consequential relief of permanent injunction.

3. During the pendency of the suit, at request of the plaintiff, a Commissioner was appointed and the Commissioner also filed his report in the year 2014. After a period of eight years, when the matter is posted for cross examination of the defendant, now the respondent/plaintiff, sought an amendment to correct the B schedule measurement. Instead of 227 square feet, he wants to amend it to 86 square feet as per the commissioner's report

4. The petitioner states that the respondent cannot seek amendment after the trial has commenced and in order to drag on the proceedings, the respondent filed the amendment petition and the petitioner further objected that the measurements sought for, based on the

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C.R.P(MD)No.1995 of 2023 Commissioner report are improper and liable to be dismissed. However, without taking into consideration their objection, the trial Court allowed the petition. Against which the present civil revision petition is filed.

5. On perusal of records, it is seen that the respondent/plaintiff filed a petition under Order VI Rule 17 of CPC with a prayer to correct the survey No.59/42 and also, the measurement of the B schedule from 227 square feet to 86 square feet as the encroached portion. The respondent/plaintiff contended that at the time of filing the suit, he had mentioned the old survey number and after the Commissioner's report, he came to know that the present survey number is 59/42 and further, according to him, he had roughly calculated that the revision petitioner encroached an extent of 227 square feet in the B schedule. However, after the Commissioner's measurement, he came to know that only 86 square feet alone was encroached by the petitioner and therefore, no prejudice would be caused and it will not change the entire cause of action or the nature of the suit and prayed to allow the petition.

6. On perusal of the records, it is seen that the suit is filed for

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C.R.P(MD)No.1995 of 2023 recovery of possession, mandatory injunction and permanent injunction. The respondent was sought to correct the old number to new number and also the extent of square feet and no prejudice would be caused, if the petition is allowed and it is true that there is a delay in filing the petition. The trial Court allowed the petition on payment of cost of Rs.1,000/- for such delay, which is now increased to Rs.5,000/- for the long delay. Except for the above modification, the order of the trial Court is confirmed.

7. The respondent /plaintiff is directed to pay a sum of Rs.5000/- to the petitioner/defendant towards costs within a period of 10 days from the date of receipt of a copy of this order.

8. With the above observation and direction, this civil revision petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

21.09.2026 Index : Yes / No RM

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C.R.P(MD)No.1995 of 2023 Copy To

1. The Principal District Munsif Court, Kumbakonam.

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C.R.P(MD)No.1995 of 2023 R. POORNIMA,

J.

RM C.R.P(MD)No.1995 of 2023 21.09.2026

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