High Court Kerala High Court

Thankamma vs Ponnamma on 17 December, 2008

Kerala High Court
Thankamma vs Ponnamma on 17 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37250 of 2008(H)


1. THANKAMMA,
                      ...  Petitioner
2. SASIKUMAR, -DO-

                        Vs



1. PONNAMMA,
                       ...       Respondent

2. OMANA, HARIBHAVANAM,

3. RAMAKRISHNAN,

4. RENUKA DEVI,

5. NISHA, -DO-

6. ANOOP, -DO-

7. BALACHANDRAN,

                For Petitioner  :SRI.G.UNNIKRISHNON

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :17/12/2008

 O R D E R
               K.P. Balachandran, J.
            --------------------------
             W.P.(C)No.37250 of 2008 H
            --------------------------

                     JUDGMENT

Petitioners are 2nd defendant and additional 3rd

Defendant in O.S.No. 373/03 on the file of the

Munsiff’s Court, Adoor. Respondents, who are the

plaintiffs in the said suit, filed I.A.No.226/07

for amendment of the plaint alleging that they

described plaint items 2 and 3 belonging to the

petitioners as having an extent of 30 cents each

comprised respectively in Sy.Nos.246/4 and 246/5 on

an approximation; that they could ascertain the

exact extent only on perusing Settlement Deed

No.2060/00 executed by defendants in favour of

their son additional 3rd defendant Sasikumar, which

was produced by the said Sasikumar in the connected

suit O.S.No.350/03 and that therefore, they may be

permitted to amend the schedule to the plaint

correcting the extent of the property under items 2

and 3 respectively as 10.40 Ares and 9.20 Ares.

WPC 37250/08 2

Exhibit P7 is the said settlement deed executed by

the original defendants in favour of their son

Sasikumar and the description of the properties

thereunder shows that the extent of property in

Sy.No.246/4 is 10.40 Ares and the extent of

property in Sy.No. 246/5 is 9.20 Ares. Thus, it is

evident that the amendment sought for was to

incorporate the exact extent of the property that

the defendants have, which is described as items 2

and 3 properties. The court below, probably, after

verifying the document as well, has allowed the

amendment application vide Exhibit P6 order

observing that what is sought to be amended and

incorporated is the extent of properties and that

will not change the nature and character of the

suit. The amendment so allowed by the court below

cannot be faulted and for a proper adjudication of

the dispute, it was highly necessary to have the

plaint amended.

This writ petition, assailing Exhibit P6 order

allowing the amendment application, is devoid of

WPC 37250/08 3

merit in the circumstances and hence, it is

dismissed.

17th December, 2008 (K.P.Balachandran, Judge)
tkv