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    VII Addl. in The City Civil Court at Chennai

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    Kirithika Hariharan
    This document is an affidavit filed by Suriyakala in the City Civil Court at Chennai seeking to amend a typographical error in the schedule of an earlier filed application. The affidavit states that there was an error in the survey number provided for the south boundary of the property, and seeks to correct it. Suriyakala prays that the court permit the amendment of the schedule and dispense with the notice requirement for this formal amendment.

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    VII Addl. in The City Civil Court at Chennai

    Uploaded by

    Kirithika Hariharan
    177 views5 pages
    This document is an affidavit filed by Suriyakala in the City Civil Court at Chennai seeking to amend a typographical error in the schedule of an earlier filed application. The affidavit states that there was an error in the survey number provided for the south boundary of the property, and seeks to correct it. Suriyakala prays that the court permit the amendment of the schedule and dispense with the notice requirement for this formal amendment.

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    This document is an affidavit filed by Suriyakala in the City Civil Court at Chennai seeking to amend a typographical error in the schedule of an earlier filed application. The affidavit states that there was an error in the survey number provided for the south boundary of the property, and seeks to correct it. Suriyakala prays that the court permit the amendment of the schedule and dispense with the notice requirement for this formal amendment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    177 views5 pages

    VII Addl. in The City Civil Court at Chennai

    Uploaded by

    Kirithika Hariharan
    This document is an affidavit filed by Suriyakala in the City Civil Court at Chennai seeking to amend a typographical error in the schedule of an earlier filed application. The affidavit states that there was an error in the survey number provided for the south boundary of the property, and seeks to correct it. Suriyakala prays that the court permit the amendment of the schedule and dispense with the notice requirement for this formal amendment.

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    © All Rights Reserved
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    VII Addl.

    IN THE CITY CIVIL COURT AT CHENNAI

    I.A. No. OF 2019

    IN

    I.A. No. 2 OF 2019

    IN

    O.S. No. 389 OF 2014

    Suriyakala,
    W/o. Mr. Inbasekaran,
    Hindu, aged about 55 years,
    Residing at Door No. 21, (Old No. 12),
    Ethiraj Garden Street, Pattalam,
    Chennai – 600 012 …Petitioner/
    Petitioner/Plaintiff

    Vs.

    1. R. Rajasekar,
    S/o. Mr. Ramachandran,
    Hindu, aged about 53 years,
    Residing at Door No. 21, (Old No. 12),
    Ethiraj Garden Street, Pattalam,
    Chennai – 600 012

    2. I. Geetha,
    W/o. Saravanan,
    Hindu, aged 36 years,
    Residing at No. 78, Darcy Gardens,
    Harrow HA 39JT, London, U.K. …Respondents/
    Respondents/Defendants

    AFFIDAVIT OF SURIYAKALA

    I, Suriyakala, W/o. Mr. Inbasekaran, Hindu, aged about 62 years, residing at Flat No. 4, VGP
    Parvathy Nagar, 1st Street, Rajakilpaukam, Chennai – 600 073 do hereby solemnly affirm and
    sincerely state as follows:

    1. I am the Petitioner herein and the Petitioner/Plaintiff in the above suit.

    2. I respectively submit that the above suit was filed for partition and separate
    possession of 1/4th share. Further, on 13.11.2017, the suit was decreed in my favour
    and I have been allotted 1/4th share of the suit property.
    3. I further submit that I took out my application in I.A. No. 2 of 2019, seeking this
    Hon’ble Court to pass a final decree based on the previous decree of 1/4 th share
    allotted to me.

    4. I further state that after receiving the notice from the advocate commissioner to
    inspect the suit property. I along with my counsel represent on the day of inspection
    __________ .

    5. I further state that the advocate commissioner informed my counsel that the schedule
    mentioned in the warrant does not reflect the exact Survey No. for the South
    boundary.

    6. I further state that it was found that there had been a typographical error in the I.A, for
    the appointment of an advocate commissioner wherein instead of “South By:
    Murugesa Mudaliar’s House (R.S. No. 2355/99 and 2355/143)”, it has been stated as
    “South By: Murugesa Mudaliar’s House (R.S. No. 2355/99 and 2355/36)”. The said
    typographical error was neither wilful nor wanton and the same has cropped up due to
    inadvertence.

    7. I am advised to state that since this application is only a formal amendment, this
    Hon’ble Court may be pleased to dispense the service of notice and the respondents
    are allowed the application as prayed for. I would be put to great hardship and loss if
    the application to amend the error in the schedule is not allowed. No prejudice will be
    caused to the Respondents if the above application is allowed as prayed for. The
    Hon’ble Court may thus permit me to carry out the said amendment and the said
    application in the I.A. No. 2 of 2019.

    It is therefore prayed that this Hon’ble Court be pleased to permit me to amend the
    application schedule in the I.A. No. 2 of 2019 as “South By: Murugesa Mudaliar’s House
    (R.S. No. 2355/99 and 2355/143)” instead of “South By: Murugesa Mudaliar’s House (R.S.
    No. 2355/99 and 2355/36)” and to dispense with the order of notice in the amendment
    application and thus render justice.

    Solemnly affirmed at Chennai )(


    on this the day of September 2019 )(
    and signed her name in my presence )(

    Before me,
    Advocate: Chennai

    VII Addl.
    IN THE CITY CIVIL COURT AT CHENNAI

    I.A. No. OF 2019

    IN

    I.A. No. 2 OF 2019

    IN

    O.S. No. 389 OF 2014

    Suriyakala,
    W/o. Mr. Inbasekaran,
    Hindu, aged about 55 years,
    Residing at Door No. 21, (Old No. 12),
    Ethiraj Garden Street, Pattalam,
    Chennai – 600 012 …Petitioner/
    Petitioner/Plaintiff

    Vs.

    3. R. Rajasekar,
    S/o. Mr. Ramachandran,
    Hindu, aged about 53 years,
    Residing at Door No. 21, (Old No. 12),
    Ethiraj Garden Street, Pattalam,
    Chennai – 600 012

    4. I. Geetha,
    W/o. Saravanan,
    Hindu, aged 36 years,
    Residing at No. 78, Darcy Gardens,
    Harrow HA 39JT, London, U.K. …Respondents/
    Respondents/Defendants

    PETITION FILED UNDER ORDER VI RULE 17 CPC

    For the reasons stated in the accompanying affidavit, the Petitioner respectfully prays that the
    Hon’ble Court may be pleased to permit the Petitioner to amend the application schedule in
    the I.A. in 02 of 2019 as “South By: Murugesa Mudaliar’s House (R.S. No. 2355/99 and
    2355/143)” instead of “South By: Murugesa Mudaliar’s House (R.S. No. 2355/99 and
    2355/36)” and thus pass such further or other orders in the interests of justice.

    Dated at Chennai on this the day of September, 2019

    Counsel for Petitioner


    VII Addl.
    IN THE CITY CIVIL COURT AT CHENNAI

    I.A. No. OF 2019

    IN

    I.A. No. 2 OF 2019

    IN

    O.S. No. 389 OF 2014

    Suriyakala,
    W/o. Mr. Inbasekaran,
    Hindu, aged about 55 years,
    Residing at Door No. 21, (Old No. 12),
    Ethiraj Garden Street, Pattalam,
    Chennai – 600 012 …Petitioner/
    Petitioner/Plaintiff

    Vs.

    5. R. Rajasekar,
    S/o. Mr. Ramachandran,
    Hindu, aged about 53 years,
    Residing at Door No. 21, (Old No. 12),
    Ethiraj Garden Street, Pattalam,
    Chennai – 600 012

    6. I. Geetha,
    W/o. Saravanan,
    Hindu, aged 36 years,
    Residing at No. 78, Darcy Gardens,
    Harrow HA 39JT, London, U.K. …Respondents/
    Respondents/Defendants

    PETITION FILED UNDER SECTION 151 CPC

    For the reasons stated in the accompanying affidavit, the Petitioner respectfully prays that the
    Hon’ble Court may be pleased to dispense with the order of notice in the amendment
    application and thus pass such further or other orders in the interests of justice.

    Dated at Chennai on this the day of September, 2019

    Counsel for Petitioner/Plaintiff


    SCHEDULE
    All that piece and parcel of house, ground and premises presently bearing Door
    No. 21 (Old No. 10, thereafter No. 12), Ethiraj Garden Street, Pattalam,
    Chennai – 600 012 buildings consisting of ground, first floor and second floor
    and land measuring an extent of 1032 sq.ft. as per document and 1174 sq.ft. as
    per patta, comprised in C.C. No. 5909, O.S. No. 2651, R.S. No. 2355/100,
    Block No. 32 of Purasaiwakkam Division, Purasaiwakkam – Perambur Taluk,
    Chennai District and bounded on the

    North by : Dasaiah Naidu’s House (R.S. No. 2355/176 and 2355/188)

    South by : Murugesa Mudaliar’s House (R.S. No. 2355/99 and


    2355/36)

    East by : Rajabather Mudaliar’s House (R.S. No. 2355/35 and


    2355/36)

    West by : Ethiraj Garden Street & Devaraja Mudaliar’s House


    (2355/188 and 2355/77

    situated within the Sub-Registration of District of Purasaiwakkam and


    Registration District of Central Chennai.

    Dated at Chennai on this the day of September, 2019

    Counsel for Petitioner

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