IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(C).No.1292 OF 2020
IA NO.7515/2018 IN OS 532/2010 OF FIRST ADDITIONAL MUNSIFF'S
COURT, THIRUVANANTHAPURAM
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PETITIONER:
1 RAMACHANDRAN NAIR
S/O. PARAMESWARAN PILLAI, LAKSHMI HOUSE NO. D3,
PILLA VEEDU NAGAR, PATTOM P.O, THIRUVANANTHAPURAM
FROM KAVITHA, PAZHAVEEDU VILLAGE, ALAPPUZHA TALUK,
ALAPPUZHA DISTRICT.
BY ADVS.
SRI.K.SASIKUMAR
SRI.M.UNNIKRISHNAN
SRI.S.ARAVIND
SRI.P.S.RAGHUKUMAR
SRI.K.JANARDHANA SHENOY
RESPONDENTS:
1 SANGEETHA
D/O. B. SATHEESAN , T.C 2/329(14) "SANKARIYAM",
ARATTU ROAD, CHALAKUZHI ROAD, PATTOM P.O,
THIRUVANANTHAPURAM 695 004.
2 M.S SAJITH,
S/O. M.S SANKARAN, T.C 2/329(14), SANKARIYAM,
ARATTU ROAD, CHALAKUZHI ROAD, PATTOM P.O,
THIRUVANANTHAPURAM 695 004.
3 DR. INDU SYAM,
D/O. SHYAM MOHAN, CHIRAYIL HOUSE, OPPOSITE PETTAH
GIRLS HIGH SCHOOL, PETTAH P.O,
THIRUVANANTHAPURAM 695 035
4 SUGANTHY M.R,
D/O. K.K RAMACHANDRAN, NILAMAZHA, T.C 2/329(18),
PILLAVEEDU NAGAR, KESAVADASAPURAM, PATTOM P.O,
THIRUVANANTHAPURAM 695 004.
OP(C).No.1292 OF 2020 -2-
5 GIRIJA LITTY,
D/O. JANAKI LITTY, GEETHANJALY, PILLA VEEDU NAGAR,
KESAVADASAPURAM, PATTOM P.O,
THIRUVANANTHAPURAM 695 004 NOW RESIDING AT
SARASWATHY, ARA 136, ALPHIA NAGAR, COCHIN
UNIVERSIRY ROAD, KOCHI 682 022
6 THE SECRETARY,
CORPORATION OF THIRUVANANTHAPURAM, PALAYAM,
THIRUVANANTHAPURAM 695 001
7 THE CHIEF ENGINEER,
DEPARTMENT OF IRRIGATION, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM 695 001
8 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
IRRIGATION, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM 695 001
R1-4 BY ADV. SRI.R.S.KALKURA
R6 BY ADV. SRI.N.NANDAKUMARA MENON (SR.)
R6 BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1292 of 2020
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Dated this the 7th day of January, 2021
JUDGMENT
An order allowing amendment of the plaint is under challenge in this original petition by the additional 5th defendant in the suit.
2. Heard Sri.K.Sasikumar, learned counsel for the petitioner and, Sri.R.S.Kalkuara and Sri.P.K. Manojkumar, Standing Counsel for the Thiruva- nanthapuram Corporation on behalf of the respondents.
3. The suit is one for mandatory and prohibitory injunction. The 5th defendant was not originally impleaded as a party but was brought in pending the suit as per order on IA 5814/2013. Though he was impleaded as an additional defendant, the necessary amendments seeking relief against him were not made in the body of the plaint, which has necessitated the present amendment.
4. The learned counsel for the petitioner-5 th defendant submits that the grievance of the O. P. (C) No.1292 of 2020 :- 2 :-
petitioner is not with regard to the amendment as such but is with regard to the finding in the order impugned that the claim against the petitioner-5 th defendant is not barred by limitation.
5. The question as to whether the relief sought against the additional 5th defendant is barred by limitation can be considered at trial.
Accordingly the original petition is disposed of setting aside the finding in the impugned order regarding limitation. The plea if any, raised regarding limitation as against the petitioner-5th defendant, shall be considered at the time of trial. Consequent to the amendment ordered, the petitioner-additional 5th defendant shall be granted opportunity to file additional written statement. The order impugned will stand modified to the above extent.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge OP(C).No.1292 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PLAINT AFTER THE IMPLEADING IN O.S 532 OF 2010 BEFORE THE HON'BLE MUNSIFFF'S COURT, THIRUVANANTHAPURAM EXHIBIT P2 A TRUE COPY OF THE WRITEN STATEMENT FILED BY PETITIONER AS 5TH DEFENDANT IN O.S NO. 532/2010 OF THE ADDITIONAL MUNSIFF'S COURT 1, THIRUVANANTHAPURAM EXHIBIT P3 A TRUE COPY OF THE I.A 7815/18 ALONG WITH THE AFFIDAVIT IN O.S NO. 532/2010 OF THE FIRST ADDITIONAL MUNSIFFS COURT. EXHIBIT P4 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER TO THE EXT.P3 APPLICATION EXHIBIT P5 A TRUE COPY OF THE RODER DATED 07-11-
2019 IN I.A NO. 7815/2018 IN O.S 532/2010 OF THE FIRST ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.
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