IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 28873 of 2005(K)
1. ARAYANTEPURACKAL ASSAINAR ALIAS
... Petitioner
Vs
1. SAINABA, D/O.ARAYANTEPURACKAL
... Respondent
2. JAMEELA, W/O.NECHIYENGAL MUHAMMED ALIAS
3. ABDUL HAMEED,
4. PATHU, W/O.ARAYANTEPURACKAL
For Petitioner :SRI.K.P.MUJEEB
For Respondent :SRI.R.RAJESH KORMATH
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :18/06/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 28873 OF 2005
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Dated this the 18th day of June, 2007
JUDGMENT
The learned counsel for the petitioner submits that at the time
when the application for amendment was filed, nobody has been
examined in the suit and in that sense actual trial had not commenced.
The issue is covered by judgment of this Court in Neelakandan Nair v.
Parameswara Kurup [2003 (3) KLT 990]. Though there is a contention
that on allowing the amendment, will alter the character of the suit, the
suit will continue to be a suit for partition. The effect of the amendment
will be only on the total extent of the property and its re-survey number
only. The above submission is correct.
Under these circumstances, I am inclined to set aside the
impugned order and allow the amendment application, but the same will
only be on strict conditions. Accordingly, Ext.P3 will stand set aside and
the application for amendment will stand allowed on condition that the
petitioner pays to the respondents who have entered appearance in this
Court, through their counsel in this Court a sum of Rs.1,500/- and to the
High Court Legal Services Committee Rs.500/- within one month from
today. Failing such payments the Writ Petition will stand dismissed.
Under such an event the impugned order will become operative. If
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payment is made and the order allowing the amendment becomes
operative, the court below will give an opportunity to the respondents to
file additional written statement, if they so choose.
PIUS C. KURIAKOSE, JUDGE
btt
WPC No. 28873 of 2005
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