Ramachandran Nair vs Sangeetha
2021 Latest Caselaw 605 Ker

Citation : 2021 Latest Caselaw 605 Ker
Judgement Date : 7 January, 2021

Kerala High Court

Ramachandran Nair vs Sangeetha on 7 January, 2021

               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

                                -----


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.
         ==================
               O. P. (C) No.1292 of 2020
         ==================
         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-