IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 23739 of 2008(A) -------------------------- OS.84/2007 of MUNSIFF COURT,CHENGANNUR .................... PETITIONER: ------------ SANTHAMMA, W/O.VIJAYAN, GOPALAKRISHNA MANDIRAM, ENNAKKAD VILLAGE, BUDHANNOOR, ALAPPUZHA DISTRICT.` BY ADV. SRI.J.DEVADANAM SRI.PRAMOD J.DEV RESPONDENTS: ------------- VISWANATHAN, VADAKKOTTILL HOUSE, PERINGAD, BUDHANNOOR, ALAPPUZHA DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 23739 OF 2008 ............................................ DATED THIS THE 6th DAY OF AUGUST, 2008 JUDGMENT Petitioner is the second defendant in O.S.84 of 2007 on the file of Munsiff Court, Chengannur. This petition is filed under Article 227 of Constitution of India to quash Ext.P5 order passed by learned Munsiff in Ext.P3 petition(I.A.961 of 2008), an application under Rule 17 of Order VI of Code of Civil Procedure to amend the plaint. 2. Learned counsel appearing for petitioner was heard. In view of the order to be passed in this petition, it is not necessary to issue notice to respondent/plaintiff. 3. Learned counsel pointed out that Ext.P4 objection was filed to Ext.P3 application and learned Munsiff has not considered the objection and allowed the application stating that the amendment only relate to change in the boundary, extent and survey number and fact that by the amendment, an admission in the original plaint that item Nos. 1 and 2 of the plaint schedule properties belong to defendants 1 and 2 was being taken away, was not taken note of by the learned Munsiff. 4. I find force in the submission of learned counsel. As WP(C) 23739/2008 2 learned Munsiff did not consider the objection raised under Ext.P4, while allowing Ext.P3 application under Ext.P5 order, Ext.P5 order is quashed. Munsiff, Chengannur is directed to reconsider I.A.961 of 2008, after hearing the parties and pass appropriate orders in accordance with law. M.SASIDHARAN NAMBIAR, JUDGE lgk/-