Peethambaran P vs Thayyil Shyamala @ Undachi
2021 Latest Caselaw 4926 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                    O. P. (C) No.377 of 2021

              OS 46/2014 OF MUNSIFF COURT, HOSDURG

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PETITIONERS/DEFENDANTS:

      1      PEETHAMBARAN P.
             AGED 58 YEARS
             S/O.CHOORIKADAN KRISHNAN NAIR,
             RESIDING AT RAGHAM, KURAVACHERY NILESHWAR P.O.,
             KASARGOD DISTRICT-671 314.

      2      ARUNKUMAR.P.K.,
             AGED 30 YEARS
             S/O.SHYLAJA.P.K., RESIDING AT RAGHAM, KURAVACHERY
             NILESHWAR P.O., KASARGOD DISTRICT-671 314.

      3      GEETHAMANI.K.,
             AGED 58 YEARS
             W/O.LATE P.V.VIDHYADHARAN, RESIDING AT RAGHAM,
             KURAVACHERY NILESHWAR P.O., KASARGOD DISTRICT-671
             314.

      4      VEENA V.NAIR,
             AGED 24 YEARS
             D/O.GEETHAMANI.K., RESIDING AT RAGHAM, KURAVACHERY
             NILESHWAR P.O., KASARGOD DISTRICT-671 314.

      5      SHAILAJA.P.K.,
             AGED 53 YEARS
             W/O.SURENDRAN.P., RESIDING AT RAGHAM, KURAVACHERY
             NILESHWAR P.O., KASARGOD DISTRICT-671 314.

      6      KARTHIKA S.NAIR,
             AGED 25 YEARS
             D/O.SHYLAJA.P.K., RESIDING AT RAGHAM, KURAVACHERY
             NILESHWAR P.O., KASARGOD DISTRICT-671 314.
 OP(C).No.377 OF 2021



        7        SUMADEVI.K.,
                 AGED 45 YEARS
                 W/O.LATE SELVARAJ.P., RESIDING AT RAGHAM,
                 KURAVACHERY NILESHWAR P.O.,
                 KASARGOD DISTRICT-671 314.

                 BY ADVS.
                 SHRI.SURESH KUMAR KODOTH
                 SRI.K.P.ANTONY BINU

RESPONDENT:

                 THAYYIL SHYAMALA @ UNDACHI
                 AGED 66 YEARS
                 W/O.AMBU, RESIDING AT UDAYAGIRI, KAYYUR VILLAGE,
                 KAYYUR P.O., KASARGOD DISTRICT-671 313.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
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                O. P. (C) No.377 of 2021
         ==================
        Dated this the 10th day of February, 2021

                       JUDGMENT

Order allowing an application for amendment of

the plaint, is under challenge in this original petition by the defendants in the suit.

2. The suit is one for permanent prohibitory

injunction against trespass. The defendants raised

a counter claim for damages. Amendment sought for

relates to the boundary description of the plaint

schedule. The amendment is to make the schedule

description in conformity with the identification

done by the Commissioner and also the title deed.

The contentions of the defendants on the merits of

the case is to be agitated in the suit. On the

amendments sought to be made, the defendants are

entitled to file an additional written statement.

The amendment is only to effectuate a final

adjudication of the disputes between the parties. I

do not find any error of jurisdiction warranting

interference in this original petition. O. P. (C) No.377 of 2021

Original petition fails and is accordingly

dismissed.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge OP(C).No.377 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PLAINT IN OS NO.46/2014 OF MUNSIFF'S COURT, HOSDURG.

EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT.

EXHIBIT P3 TRUE COPY OF ADDITIONAL WRITTEN STATEMENT.

EXHIBIT P4 TRUE COPY OF IA NO.2/2020.

EXHIBIT P5 TRUE COPY OF COUNTER IN IA NO.2/2020.

EXHIBIT P6 TRUE COPY OF ORDER DATED 02.02.2021 IN IA NO.2/2020 IN OS NO.46/2014 OF MUNSIFF'S COURT, HOSDURG.

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