IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4153 of 2008(T) ------------------------- AGAINST THE ORDER DATED 20/11/2007 IN IA.6642/07 IN OS.889/2006 of PRL.M.C.,NEYYATTINKARA .................... PETITIONERS: DEFENDANTS; ----------------------- 1. UDAYAKUMAR, S/O.VELUKUTTY PANICKER, ROADARIKATHU PUTHEN VEEDU, AMOTTUKONAM, KARIKAMANKODE DESOM, VELLARADA VILLAGE. 2. SATHEESAN NAIR, S/O.NEELAKANDA PILLA, KAILASATHU VEEDU, KARIKARATHAL, MYLACHAL DESOM, KEEZHAROOR VILLAGE. 3. YESUDASAN, VADAKKETHATTUVILA VEEDU, KUNNATHUKAL DESOM, DO VILLAGE. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT: PLAINTIFF: ----------------------- VILASINI, D/O.CHELLAMMA, JOTHI BHAVAN, OZHUKUPARA, KARIKAMANKODE DESOM, VELLARADA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 4153 OF 2008 --------------------- 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