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