IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12664 of 2008(G) -------------------------- OS.352/2007 of ADDL.M.C.,KOTTAYAM .................... PETITIONER: ------------ NAIJU PHILIP NINAN,SON OF LATE V.V.NINAN RESIDING AT 139, KODUVELIL HOUSE VADAVATHOOR P.O., KOTTAYAM. BY ADV. SRI.A.GEORGE JACOB RESPONDENTS: ------------- 1. MARY THARIAN NINAN WIFE OF LATE V.V.NINAN, KODUVELIL HOUSE VADAVATOOR P.O., VADAVATHOOR KARA VIJAYAPURAM VILLAGE, KOTTAYAM TALUK KOTTAYAM DISTRICT. 2. BIJU GEORGE NINAN, SON OF LATE V.V. NINAN -DO- -DO- -DO- 3. DR. VIVI SUSAN DANIEL WIFE OF T.D. DANIEL, -DO- -DO- -DO- 4. LAILA A.GEORGE WIFE OF P.M. GEORGE, -DO- -DO- -DO- 5. SUJA C.MATHEN WIFE OF KORAH MATHEN, -DO- -DO- -DO- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12664 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is preferred against the order of the Additional Munsiff, Kottayam, in IA 3116/07 in OS 352/07. This application is filed for amendment of the pleadings. 2. The main prayer is to delete defendants 3 to 5, the daughters of late V.V.Ninan, on the allegation that the defendants 3 to 5 were given their share in the plaint schedule property at the time of their marriage. It was opposed by the other side and it is seen from the order of the court that the said allegation has been refuted and written statements have been filed by the defendants 3 to 5. So the question whether they are entitled to share and whether they were given their share at the time of their marriage are all questions that has to be considered at the stage of trial. Deletion of those persons from the party array at this stage will certainly jeoparadise their interest and therefore the court below was perfectly right in holding that such deletion cannot be allowed. There is a prayer regarding reduction of mesne profits which is proposed to be incorporated as per the amendment. WPC NO 12664/08 2 3. I give liberty to the petitioner to file fresh application for amendment regarding the shares, if the petitioner wants to incorporate, and also regarding the mesne profits. The other side may also be given notice and after hearing both sides the court may pass order on the same. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 12664/08 3 WPC NO 12664/08 4