Manjeri Government Boys Higher ... vs Lisa Thomas
2024 Latest Caselaw 14361 Ker

Citation : 2024 Latest Caselaw 14361 Ker
Judgement Date : 31 May, 2024

Kerala High Court

Manjeri Government Boys Higher ... vs Lisa Thomas on 31 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
                   OP(C) NO. 160 OF 2024
         OS NO.384 OF 2016 OF MUNSIFF COURT, MANJERI
PETITIONER/RESPONDENT NO.3/DEFENDANT NO.3:

         MANJERI GOVERNMENT BOYS HIGHER SECONDARY SCHOOL
         PARENT TEACHERS ASSOCIATION, MANJERI.P. O
         REPRESENTED BY ITS PRESIDENT K.FEROZ BABU,
         AGED 51 YEARS, S/O.K.M.BEERAN,KAVUNGAL
         HOUSE,VAIPPARAPPADI,MANJERI, PIN - 676121
         BY ADVS.
         M.A.ABDUL HAKHIM
         JOSEPH GEORGE


RESPONDENTS/PETITIONER & RESPONDENT NOS.1, 2 & 4, PLAINTIFF
& DEFENDANT NOS.1, 2 & 4:

    1    LISA THOMAS
         D/O.KANDAVANATHIL GEORGE, ERNAD TALUK,
         MANJERI AMSOM DESOM MANJERI.P.O
         MALAPPURAM DISTRICT, PIN - 676121
    2    STATE OF KERALA
         REPRESENTED BY DISTRICT COLLECTOR,
         CIVIL STATION, MALAPPURAM
         MALAPPURAN DISTRICT., PIN - 676505
    3    PRINCIPAL
         GOVERNMENT BOYS HIGHER SECONDARY SCHOOL
         MANJERI.P.O., MALAPPURAM DISTRICT,
         PIN - 676121
    4    MANJERI MUNICIPALITY
         REPRESENTED BY ITS SECRCTAY,
         MUNICIPAL OFFICE MANJERI.P.O.
         MALAPPURAM DISTRICT,
         PIN - 676121
 OP(C) NO. 160 OF 2024

                                    - : 2 :-

            BY ADVS.
            K.M SATHYANATHA MENON K.M
            R.RANJITH (MANJERI),
            SRI.S.UNNIKRISHNAN, G.P.



     THIS     OP   (CIVIL)    HAVING           COME   UP    FOR    ADMISSION   ON
31.05.2024,    THE    COURT    ON      THE       SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 160 OF 2024

                                  - : 3 :-

                           JUDGMENT

Exhibit P9 order allowing an application under Order 6

Rule 17 of Code of Civil Procedure (for short, 'CPC'), is under

challenge in this original petition.

2. The petitioner is the defendant No.3 and the

respondents are the plaintiffs and defendants 1, 2 and 4 in

O.S.No.384 of 2016 on the files of the Munsiff Court, Manjeri

(for short, 'the trial court').

3. The suit is one for injunction to restrain the

defendants from obstructing plaint A schedule way which is

allegedly used as an access to the plaint B schedule property.

4. A commission was taken out and the commissioner

filed a report and plan. Thereafter, the plaintiff filed I.A.No.1 of

2023 to amend the plaint essentially to incorporate certain

pleadings in the light of the report of the Advocate

Commissioner. The petitioner herein opposed the application.

The trial court after hearing both sides, allowed I.A.No.1 of 2023, OP(C) NO. 160 OF 2024

- : 4 :-

as per Ext.P9 order. Challenging the said order, the petitioner

has filed this original petition.

5. I have heard the learned counsel for the petitioner and

the learned counsel for the respondents.

6. The learned counsel for the petitioner submitted that

the amendment if allowed, would alter the nature and character

of the suit and hence, the trial court went wrong in allowing the

amendment.

7. I have perused the application for amendment. The

proposed amendment is as follows:-

(a) There is only one taak to the plaint schedule. The

plaintiff wants to add one more taak in tune with the

commission report.

(b) The plaintiff wants to incorporate pleading that

compound wall of plaint B schedule property is the

boundary of the eastern portion of the second taak of

the plaint A schedule property.

OP(C) NO. 160 OF 2024

- : 5 :-

(c) The eastern boundary and the northern boundary of the

plaint schedule properties are to be changed.

8. The case of the plaintiff is that the plaint A schedule

property is used as a way for ingress and aggress to the plaint B

schedule property, which belongs to him. The Commissioner

inspected the property and identified both plaint A and B

schedule properties. The amendment has been necessitated to

incorporate pleadings and change the boundaries in tune with

the report of the commissioner. By allowing the said

amendment, the nature and character of the suit will not be

affected at all. Hence, the trial court was justified in allowing the

amendment. I find no reason to interfere with the impugned

order. Accordingly, the original petition is dismissed. The trial

court shall give an opportunity to the defendants to file

additional written statement.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS OP(C) NO. 160 OF 2024

- : 6 :-

APPENDIX OF OP(C) 160/2024

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 17/10/2016 IN O.S.NO.384/2016 OF MUSIFFS COURT, MANJERI EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT NO.3 DATED I6.01.2017 EXHIBIT P3 TRUE COPY OF THE ADVOCATE COMMISSION REPORT AND ROUGH SKETCH DATED 25/10/2016 IN IA .NO.2746/2016 IN O.S .NO.384/2016 OF THE ,MUNCIFF'S COURT MANJERI EXHIBIT P4 TRUE COPY OF THE OBJECTION DATED 20/10/2017 FILED BY THE DEFENDANT NO.3 IN O.S.NO.384/2016 OF THE MUNSIFFS COURT MANJERI TO EXT.P3 ADVOCATE COMMISSION REPORT EXHIBIT P5 TRUE COPY OF THE ADVOCATE COMMISSION REPORT COMMISSION REPORT DATED 03/04/2023 PLAN FILED IN IA.NO.2520/2019

EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 22/06/2023 SUBMITTED BY THE DEFENDANT NO .3 IN O.S.NO.384/2016 OF THE MUNSIFF'S COURT, MANJERI TO EXT.P5 ADVOCATE COMMISSION REPORT EXHIBIT P7 TRUE COPY OF THE IA.NO.1/2023 DATED 19/06/2023 FILED BY THE PLAINTIFF IN O.8.NO.384/2016 OF THE MUNSIFF'S COURT MANJERI EXHIBIT P 8 TRUE COPY OF THE OBJECTION DATED NIL FILED BY THE DEFENDANT NO.3 IN O.S.NO.384/2016 OF THE MUNSIFF'S COURT OP(C) NO. 160 OF 2024