IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 15647 of 2009(O) -------------------------- AGAINST THE ORDER IN IA.1651/2008 AND IA.192/2009 IN OS.528/2006 of PRINCIPAL MUNSIFF II, KOZHIKODE. .................... PETITIONER(S): ------------------------ C. SUBRAMANYAN, S/O. PATTAR MADATHIL MANU, PATTAR MADATHIL, CHALIL, MALAPARAMBA, CHEVAYOOR AMSOM DESOM, KOZHIKODE. BY ADVS. MR.M.KRISHNAKUMAR, SMT.PRABHA R.MENON. RESPONDENT(S): --------------------------- ANIRUDHAN, RESIDING AT PARAMBATH, MALAPARAMBA.P.O, CHEVAYOOR AMSOM DESOM, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.15647 OF 2009 (O) ----------------------------------- Dated this the 8th day of June, 2009 J U D G M E N T The writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: i. to set aside Ext.P4 and P5 orders. ii. to grant the prayers in Ext.P2 and P3 applications for amendment of Ext.P1 plaint. iii. to issue such other writ order or directions as this Honourable Court deems fit and proper. 2. Petitioner is the plaintiff in O.S.No.528/2006 on the file of the Principal Munsiff Court-II, Kozhikode. An amendment application moved by the petitioner to include an additional relief was dismissed by the court below. Impeaching its propriety and correctness, the writ petition has been filed invoking the supervisory jurisdiction of this Court WPC.15647/2009 2 under Article 227 of the Constitution of India. I heard the learned counsel for the petitioner. It is brought to my notice that the case is posted in the special list for trial tomorrow. At this stage, the entertainment in the writ petition, whatever be the merits of the case for amendment prayed for by the petitioner, will not be justified. Without expressing any opinion on the merits of the amendment application and also the order passed by the learned Munsiff impugned in the writ petition, the writ petition is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009