The first respondent filed application in I.A.No.8 of 2011 in I.A.No.552 of 2008 before the I Additional Subordinate Court, Cuddalore to amend the description with regard to item No.26 in O.S.No.74 of 1985. The application was allowed by the learned Subordinate Judge notwithstanding the objection made by the petitioner that the amendment was earlier made by the High Court in A.S.No.656 of 1987. The said order is under challenge in this civil revision petition.
2. Heard the learned counsel for the petitioner. I have also heard the learned counsel for the first respondent.
3. The first respondent filed application in I.A.No.8 of 2011 requesting the trial Court to amend the extent of property in item no.26. The petitioner wanted to amend the extent as 50 cents instead of 3.50 acres. The amendment was allowed by the trial Court.
4. The documents available on record indicate that a first appeal was filed before this Court with respect to the very same property in A.S.No.656 of 1987. Before this Court, the parties filed CMP No.9625 of 1990 to amend the extent of property in item no.26. The said application was allowed by this Court by order dated 30.04.1991. The order has become final.
5. There is no question of permitting amendment of the extent by the Subordinate Court in view of the order passed by this Court on 30.04.1991. The learned trial Judge exceeded his jurisdiction by directing amendment, notwithstanding the order passed by the High Court. I am therefore, of the view that the impugned order is liable to be set aside.
6. In the result, the order dated 25 February 2011 is set aside. The application in I.A.No.8 of 2011 is dismissed.
The civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
09.06.2017 Gms To I Additional Sub Court, Cuddalore.
K.K.SASIDHARAN,J.
gms C.R.P.(N.P.D.) No. 2659 of 2012 09.06.2017 http://www.judis.nic.in