IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 WP(C).No. 3880 of 2009(J) ------------------------- I.A.NO.6924/2008 IN OS.63/2008 of IST ADDL.SUB COURT,ERNAKULAM .................... PETITIONER(S): ------------------------- C.P.KURIAN, AGED 58 YEARS, S/O.LATE P.K.KURIAN, VETTUVAZHY HOUSE, THRIKKANARVATTOM DESOM, ERNAKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT(S): ----------------------------- 1. M/S.ANANTH OIL EXTRACTIONS LTD., A PUBLIC LTD. COMPANY HAVING ITS OFFICE IN ANAND TOWER, VIJAYARAGHAVA MENON ROAD, RAVIPURAM, ERNAKULAM COCHIN -16. 2. LATHA K.NAIR, AGED 37 YEARS, D/O. KESAVAN NAIR, MANAGING DIRECTOR OF THE IST RESPONDENT COMPANY, RESIDING AT 8A, LINK HORIZON, MARIN DRIVE, ERNAKULAM, COCHIN-31. R1 & R2 BY ADV. SRI.K.R.SUNIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3880/2009 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.63 OF 2008 ON THE FILE OF 1ST ADDITIONAL SUB COURT, ERNAKULAM. P2: COPY OF THE I.A.NO.6924 OF 2008 IN O.S.63 OF 2008 ON THE FILE OF 1ST ADDITIONAL SUB COURT, ERNAKULAM. P3: COPY OF THE COUNTER IN I.A.NO.6924 OF 2008 IN O.S.63 OF 2008 ON THE FILE OF 1ST ADDITIONAL SUB COURT, ERNAKULAM. P4: COPY OF THE ORDER DTD. 4/12/2008 IN I.A.NO.6924 OF 2008 IN O.S.NO. 63 OF 2008 ON THE FILE OF 1ST ADDITIONAL SUB COURT, ERNAKULAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.BHAVADASAN, J. ------------------------- W.P(C) No. 3880 of 2009 -------------------------- Dated this the 14th July, 2010 J U D G M E N T In this writ petition under Article 227 of the Constitution of India, petitioner seeks to assail Ext. P4 order dated 4.12.2008 passed by the Sub Court, Ernakulam, whereby, his application for amendment of the plaint was dismissed by the court below. 2. Petitioner instituted O.S No. 63 of 2008 before the Sub Court, Ernakulam. The suit was one for prohibitory injunction restraining the defendants from making any constructions in the plaint schedule property and for other ancillary reliefs. Petitioner filed I.A No.449 of 2008 seeking interim injunction. Initially injunction was granted and later it was vacated. 3. Thereafter, the complaint of the petitioner is that the defendants constructed a compound wall in the plaint schedule property. That made it necessary for the petitioner to move the lower court vide I.A No.6924 of 2008 for amendment of the plaint incorporating the subsequent events and such necessary reliefs also. The W.P(C) No. 3880 of 2009 2 court below dismissed the application by the impugned order. 4. The order of the court below is correct. The court below has observed that the amendment is only with respect to the acts done subsequent to the institution of suit for which no amendment is necessary as the court can take note of them and mould the relief accordingly. 5. The court below has noticed that the present amendment sought for is mandatory injunction directing the defendants to remove the gate put up by them during the pendency of the suit. The court below has rightly observed that if the petitioner succeeds in the case and if it is found that any construction has been made during the pendency of the suit, it will be subject to the result of the suit and relief can be granted accordingly. The court has ample power in such manner so as to redress the grievance of the aggrieved party. 6. The lower court is absolutely correct in passing the impugned order. It is well settled that if any construction has been made during the pendency of the W.P(C) No. 3880 of 2009 3 suit, it will be subject to the result of the suit. If as a matter of fact, the defendant, as alleged by the plaintiff, had made construction during the pendency of the suit and the plaintiff succeeds in the suit certainly the lower court will have ample powers to grant appropriate reliefs to the plaintiff. With the above observations, the writ petition is dismissed. P.BHAVADASAN, JUDGE ma W.P(C) No. 3880 of 2009 4 W.P(C) No. 3880 of 2009 5