IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 4153 of 2008(T)
1. UDAYAKUMAR, S/O.VELUKUTTY PANICKER,
... Petitioner
2. SATHEESAN NAIR, S/O.NEELAKANDA PILLA,
3. YESUDASAN, VADAKKETHATTUVILA VEEDU,
Vs
1. VILASINI, D/O.CHELLAMMA, JOTHI BHAVAN,
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :05/02/2008
O R D E R
M.N.KRISHNAN, J.
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W.P.(C). NO. 4153 OF 2008
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Dated this the 5thday of February, 2008
JUDGMENT
This writ petition is preferred against the order of the Principal
Munsiff, Neyyattinkara in IA 6642/07 in OS 889/06.
2. The prayer in the amendment application is to grant a mandatory
injunction with respect to the alleged act of trespassing done by the
defendants and then to correct the Re.Sy. No. 65/16 to 66/16. It is
submitted that the correct survey number has been incorporated in the light
of a correction document executed after the institution of the suit in the year
2007.
3. The plaintiff is claiming right over the property with respect to an
original title deed. If the plaintiff is able to establish that she has got the
right title and possession over the property, then certainly she will be
entitled to the relief. If the property is not situated in that survey number, it
is also a matter that has to be considered. Therefore I make it clear that
just because a correction document is executed, it will not confer any right
on the party.
With these observations, I dispose of the writ petition making it clear
that all the contentions which the present defendants want to raise can be
raised by them in the additional written statement and the court can adduce
evidence necessary and then dispose of the matter in accordance with law.
M.N.KRISHNAN, JUDGE
vps