High Court Kerala High Court

Dr.A.K.Muthappan vs Prof G.K.Sasidharan on 12 June, 2009

Kerala High Court
Dr.A.K.Muthappan vs Prof G.K.Sasidharan on 12 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31242 of 2008(T)


1. DR.A.K.MUTHAPPAN
                      ...  Petitioner
2. P.N.KUSUMAM, W/O.DR.A.K.MUTHAPPAN, DO.DO

                        Vs



1. PROF G.K.SASIDHARAN, S/O.GOPALAN
                       ...       Respondent

2. AJITH, S/O.SASIDHARAN OF DO.

3. GAYATHRI, HOUSE NO.14, PUNNUKKANNOOR

4. KRISHNA KUMAR, 17 YEARAS,

                For Petitioner  :SRI.N.ASHOK KUMAR

                For Respondent  :SRI.K.SUBASH CHANDRA BOSE

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :12/06/2009

 O R D E R
                    S.S. SATHEESACHANDRAN, J.
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                        W.P.(C) No.31242 of 2008
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                          Dated: 12th June, 2009

                                 JUDGMENT

The Writ Petition is filed under Article 227 of the Constitution of

India seeking the following reliefs:

1. To call for the entire records leading to Ext.P3 and set aside Ext.P3

order of the trial court and allow Ext.P2 application.

2. Allow such other direction or order as deem fit and proper in the

nature and circumstances of the case, may require including costs.

2. Petitioners are the plaintiffs in O.S.No.670/05 on the file of

the Munsiff Court, Kollam. An amendment application moved by the

plaintiffs to incorporate an additional relief of mandatory injunction

was disallowed by the learned Munsiff. Ext.P3 is copy of that order.

Impeaching the correctness of that order, the Writ Petition is filed

invoking the supervisory jurisdiction of this court under Article 227 of

the Constitution.

3. I heard the learned counsel on both sides. Having regard to

the submissions made and the facts and circumstances presented, I

find no impropriety or illegality in the order passed by the learned

Munsiff wherein it is seen that the amendment application was filed

only after the case was listed for trial and, further, the cause of

W.P.C.No.31242/08 – 2 –

action for such amendment was stated as having arisen nearly three

years back. The dismissal of the amendment application cannot be

found fault with. The Writ Petition is dismissed.

srd                          S.S. SATHEESACHANDRAN, JUDGE