Velumani Vs Ansar Ali

Velumani vs Ansar Ali

Type Court Judgment Court Chennai Decided Jan 30, 2026

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https://sooperkanoon.com/case/1417749

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Citation: sooperkanoon.com/1417749
Court: Chennai High Court
Judge: Honourable Mr.Justice P.B. Balaji
Decided On: Jan 30, 2026
Case Number: CMP/1656/2026

Parties & Advocates

Appellant / Petitioner

Velumani

Respondent

Ansar Ali

Excerpt

.....nonaiyavadi village, ulundurpet taluk. ..petitioner/appellant(s) vs ansar ali s/o.abdul rauf, vari street, melapalayam village, pidaagam town, ulundurpet taluk ..respondent/respondent(s)prayer : civil miscellaneous petition filed under order 6 rule 17 of c.p.c., r/w. section 151 of cpc, praying to amend/add the prayer in the suit, os no.15/2024 on the file of the principal district and sessions judge, kallakurichi after the prayer no.1 “in the alternative, without prejudice to the main prayer of specific performance, the honble court may graciously be pleased to direct the defendant to pay the advance of amount of rs.12,00,000/- (rupees twelve lakh only) together with interest at the rate of 18 percentage from 09.12.2025 till the date of realization” and pass such further or other orders as this honble court.for appellant(s): mr.c.munusamy for respondent(s): mr.m.murugananthamorderthe learned counsel appearing for the petitioner submitted that the parties have not reached any settlement. hence, the petitioner/appellant has taken out this application in c.m.p.no 1656 of 2026 seeking permission to amend the relief in the suit, seeking refund of the advance amount of rs.12,00,000/-, together with interest at the rate of 18% per annum, from 09.12.2025 till the date of payment.2. the learned counsel appearing for the respondent states that the respondent is willing to settle the matter and that he has also given proposal for amicable settlement.3. the settlement talks, if any, will not come in the way of thepetitioner being entitled to amend the plaint, seeking alternate relief of refund of amount. in any event, his entitlement for the refund of amount and interest would be tested at the time of the hearing the appeal. hence, i am inclined to allow the application in c.m.p.no.1656 of 2026, permitting the petitioner to amend the plaint to incorporate the alternate relief. the learned counsel for the plaintiff shall carryout necessary amendment in the plaint.....

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-01-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI IN AS NO. 155 OF 2025 Velumani S/o.Rangasamy gounder, Kattuguvari, Nonaiyavadi Village, Ulundurpet Taluk. ..Petitioner/Appellant(s) Vs Ansar Ali S/o.Abdul Rauf, Vari Street, Melapalayam village, Pidaagam Town, Ulundurpet Taluk ..Respondent/Respondent(s)
Prayer : Civil Miscellaneous Petition filed under Order 6 Rule 17 of C.P.C., r/w. Section 151 of CPC, praying to amend/add the prayer in the suit, OS No.15/2024 on the file of the Principal District and Sessions Judge, Kallakurichi after the prayer No.1 “In the alternative, without prejudice to the main prayer of specific performance, the Honble Court may graciously be pleased to direct the defendant to pay the advance of amount of Rs.12,00,000/- (Rupees Twelve Lakh Only) together with interest at the rate of 18 percentage from 09.12.2025 till the date of realization” and pass such further or other orders as this Honble Court.
For Appellant(s): Mr.C.Munusamy For Respondent(s): Mr.M.Muruganantham

ORDER

The learned counsel appearing for the petitioner submitted that the parties have not reached any settlement. Hence, the petitioner/appellant has taken out this application in C.M.P.No 1656 of 2026 seeking permission to amend the relief in the suit, seeking refund of the advance amount of Rs.12,00,000/-, together with interest at the rate of 18% per annum, from 09.12.2025 till the date of payment.

2. The learned counsel appearing for the respondent states that the respondent is willing to settle the matter and that he has also given proposal for amicable settlement.

3. The settlement talks, if any, will not come in the way of the

petitioner being entitled to amend the plaint, seeking alternate relief of refund of amount. In any event, his entitlement for the refund of amount and interest would be tested at the time of the hearing the appeal. Hence, I am inclined to allow the application in C.M.P.No.1656 of 2026, permitting the petitioner to amend the plaint to incorporate the alternate relief. The learned counsel for the plaintiff shall carryout necessary amendment in the plaint within a period of two weeks from today and shall file amended copy of the plaint within a period of one week thereafter.

4. Post the appeal for final hearing on 20.02.2026. It shall be open to the respondent to negotiate the settlement in the mean time. Index : Yes/No

Speaking/Non-speaking order

Neutral Citation : Yes/No RTS To

1. The Principal District and Sessions Judge, Kallakurichi.

P.B.BALAJI, J.

RTS IN AS NO. 155 OF 2025

Same Court & Year Chennai · 2026 Same Parties Velumani vs Ansar Ali Same Judge Honourable Mr.Justice P.B. Balaji