IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4910 of 2008(H) ------------------------------------- AGAINST THE ORDER DATED / / IN IA 596/08 IN OS.1281/2005 of II ADDL.M.C., ERNAKULAM .................... PETITIONER: ------------------- RAJALAKSHMI, W/O.RAVINDRAN, AGED 42 YEARS, RESIDING AT VALIYAVEETTIL HOUSE, PARAVOOTHARA, NORTH PARUR, ERNAKULAM DISTRICT. BY ADV. SRI.C.K.PAVITHRAN SRI.M.X.XAVIER SRI.K.BAIJU SMT.N.S.SUMI RESPONDENT: ----------------------- SANTHA VIJAYAN, AGED 57 YEARS, RESIDING AT HOUSE NO.40/184, KRISHNA NIVAS, PARAPPILLY LANE, KOCHI - 36. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.4910 OF 2008 -------------------------- Dated this the 11th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is filed with a prayer to direct the 2nd Additional Munsiff Court, Ernakulam to pass orders in the amendment application pending before the commencement of the trial. I.A.No.596/2008 is an application whereby the plaintiff seeks to incorporate certain amendments with respect to the measurements in the light of the Commissioner's report. It is the duty of the court to consider the same and dispose it of before the trial begins. In case the amendment petition is allowed necessarily the defendant has to be given time for filing additional written statement and therefore interest of justice requires disposal of the amendment application, first, give a breathing time to the plaintiff if he is aggrieved by that order and then proceed with the case in accordance with law. The writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) ps