IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 WP(C).No. 18929 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 1189/2009 IN OS.221/2006 of M.C.,PARAPPANANGADI .................... PETITIONER(S): ------------------------ AHAMMED,AGED 50 YEARS, S/O.PONNACHAN ASSANKUTTY,RESIDING IN AMJATHA MANZIL,THENJIPPALAM P.O., MALAPPURAM DISTRICT. BY ADVS. MR.T.SETHUMADHAVAN, MR.PUSHPARAJAN KODOTH, MR.K.JAYESH MOHANKUMAR, SMT.VANDANA MENON, SMT.ANJU P.NAIR. RESPONDENT(S): --------------------------- ALAVIKUTTY HAJI,S/O.KALLIAN KUNHASSAN, CHAKKALAKKAL HOUSE,P.O.THENJIPPALAM, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18929/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAN DTD. 31/03/2009. P2: COPY OF THE AFFIDAVIT ACCOMPANYING I.A.NO.1077/2009. P3: COPY OF THE COUNTER TO EXT.P2 ON 30/06/2007. P4: COPY OF THE AFFIDAVIT ACCOMPANYING I.A.NO.1189/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.18929 OF 2009 -------------------------- Dated this the 14th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) To direct the Munsiff Court, Parappanangadi to take up ?I.A No.1077/2009(Ext.P2) and I.A No.1189/2009(Ext.P4) in O.S No. 221/2006 and dispose of the same in accordance with law before proceeding with the trial of the suit. ii) Grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. Petitioner is the plaintiff in O.S No. 221/2006 on the file of the Munsiff Court, Parappanangadi. The above suit is one for W.P.(C).No.18929 OF 2009 Page numbers perpetual prohibitory injunction and the respondent is the defendant. The grievance canvassed by the petitioner is that an application for amendment moved by him seeking an additional declaratory relief and also to carry out some corrections in the plaint in the light of the contentions raised in the written statement was not considered by the court below, but it has ordered to proceed with the trial of the suit keeping that application on file. Ext.P2 is the copy of the application for amendment moved by the petitioner / plaintiff. Petitioner has sought for issue of orders / directions to the court below for disposing his Ext.P2 application in respect of which the respondent had already filed objections, before proceeding with the trial of the suit. 3. Notice of the application was given to the respondent. Though notice served, he has not entered appearance. I heard the learned counsel W.P.(C).No.18929 OF 2009 Page numbers for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find, application of mind by the court on Ext.P2 application and its disposal is essential to advance the ends of justice before proceeding with the trial of the suit. I direct the court below to consider Ext.P2 application for amendment in the light of the objection raised by the respondent and after hearing both sides dispose that application in accordance with law and then proceed with the trial of the suit. Subject to the above directions, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv