IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 31679 of 2009(O) -------------------------------------- PETITIONER: ------------------- ANNIE JOSE, W/O.JOSE KOSHY, AGED 35 YEARS, RESIDING AT MALIYIL HOUSE, THATHAMPILLY, ALAPPUZHA. BY ADV. MR.SABU THOZHUPPADAN.K. RESPONDENTS: ------------------------ 1. JOSEPH THOMAS, S/O.THOMAS JOSEPH, AGED 32 YEARS, RESIDING AT VALIYAVEETIL HOUSE, KALAMASSERY-ELOOR ROAD, NORTH KALAMASSERY, NJALAKAM KARA, THRIKKAKARA NORTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM. 2. JENCY, W/O.SIBU JOSEPH, AGED 29 YEARS, RESIDING AT -DO-. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.31679 OF 2009 -------------------------- Dated this the 6th day of November 2009 ------------------------------------- JUDGMENT Petitioner is the plaintiff in O.S No.1045 of 2006 on the file of Munsiff Court, Ernakulam. Suit is for injunction both prohibitory and mandatory, and the respondents are the defendants. Suit claim was resisted by the defendants by filing a written statement. When the case came up in the list, petitioner/plaintiff moved an application for amendment of the plaint. Taking note that previously also amendment applications have been moved by the plaintiff when the case was included in the list, the court below disposed the amendment application on condition that it shall stand allowed subject to payment of cost of Rs.5,000/- (Rupees five thousand only) to the defendant. Propriety and correctness of that order is challenged in the writ petition. W.P.(C).No.31679 OF 2009 Page numbers 2. At the time of hearing the learned counsel for the petitioner confined his submissions seeking for extension of time for remitting the cost ordered by the court which had expired on 05/11/2009. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the court below to accept the cost ordered if tendered by the petitioner within a period of one week from the date of this judgment and treat it as having been remitted within time. Subject to the above directions, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE vdv