IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 31242 of 2008(T) -------------------------- AGAINST THE ORDER IN IA 6/08 IN OS.670/2005 of ADDL.MUNSIFF'S COURT, KOLLAM .................... PETITIONER(S): -------------------------- 1. DR.A.K.MUTHAPPAN, PADIPPURATHEKKETHIL, ANANDAMANGALAM, KARAKKADU MURI, MULAKKUZHA VILLAGE, CHENGANNUR TALUK. 2. P.N.KUSUMAM, W/O.DR.A.K.MUTHAPPAN, DO.DO PETITIONERS 1&2 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER, ADVOCATE C.PUSHPANGADAN, AGED 68 YEARS, S/O.KUNJU PILLAI, PADIPPURATHEKKETHIL VEEDU, KARAKKAD, MULAKKUZHA VILLAGE, CHENGANNUR. BY ADV. MR.N.ASHOK KUMAR RESPONDENT(S): ------------------------- 1. PROF G.K.SASIDHARAN, S/O.GOPALAN NALINAM, ASRAMAM, KOLLAM EAST VILLAGE, KOLLAM. 2. AJITH, S/O.SASIDHARAN OF DO. 3. GAYATHRI, HOUSE NO.14, PUNNUKKANNOOR ROAD, FORT, THIRUVANANTHAPURAM. 4. KRISHNA KUMAR, AGED 17 YEARS, MINOR.... DO...DO..... MINOR REPRESENTED BY MOTHER AND GUARDIAN 3RD RESPONDENT GAYATHRI, HOUSE NO.14, PUNNUKKANNUR ROAD, FORT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.K.SUBASH CHANDRA BOSE R3 & R4 BY ADVS. MR.ISSAC NINAN, MR.T.K.RAJESHKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31242/2008 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PLAINT IN O.S.670/05-ADDL.M.C.KOLLAM. P2: COPY OF I.A.6/08 IN O.S.670/05 OF ADDL.M.C., KOLLAM. P3: COPY OR ORDER DTD.2/01/2008 IN I.A.6/2008 IN O.S.670/05 OF ADDL. M.C. KOLLAM. P4: COPY OF JUDGMENT IN W.P.21505/08 DTD. 24/07/08. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.31242 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - 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