IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 OP(C).No. 1948 of 2011(O) OS.624/2005 OF MUNSIFF'S COURT II, KOZHIKODE PETITIONER -------------------- VELLARIKKAL AHAMED KOYA, AGED 38 YEARS, S/O.VELLARIKKAL KOYAKUTTY,VELIPRAM AMSOM AND DESOM OF KOZHIKODE TALUK. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENTS: --------------- 1. THIYYATH PADMANABHAN,S/O.AYYAPPAN, NADUTHODI PO, VAIDYARANGADI,PULLUKUNNU, RAMANATTUKARA,VELIPRAM AMSOM AND DESOM OF KOZHIKODE TALUK 673 633. 2. SANTHA,W/O.THIYYATH PADMANABHAN, NADUTHODI PO,VAIDYARANGADI,PULLUKUNNU, RAMANATTUKARA,VELIPRAM AMSOM AND DESOM OF KOZHIKODE TALUK 673 633. 3. FATHUMMAKUTTY,W/O.VELLARIKKAL KOYAKUTTY, VELIPRAM AMSOM AND DESOM OF KOZHIKODE TALUK 673 633. 4. AYISHA BEEVI,D/O.VELLARIKKAL KOYAKUTTY, VELIPRAM AMSOM AND DESOM OF KOZHIKODE TALUK673 633 5. ABDUL AZEEZ,S/O.VELLARIKKAL KOYAKUTTY, VELIPRAM AMSOM AND DESOM OF KOZHIKODE TALUK673 633 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE PLAINT FILED IN O.S.NO.624 OF 2005 ON THE FILES OF THE MUNSIFF'S COURT, KOZHIKODE II (P). EXT.P2 PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED IN O.S.NO.624 OF 2005 ON THE FILES OF THE MUNSIFF'S COURT, KOZHIKODE II (P). EXT.P3 PHOTOSTAT COPY OF I.A.NO.4111/2007 IN O.S.NO.624 OF 2005 ON THE FILES OF THE MUNSIFF'S COURT, KOZHIKODE II (P). EXT.P4 PHOTOSTAT COPY OF THE COUNTER STATEMENT IN I.A.NO.4111/2007 IN O.S.NO.624 OF 2005 ON THE FILES OF THE MUNSIFF'S COURT, KOZHIKODE II (P). EXT.P5 PHOTOSTAT COPY OF THE ORDER DATED 17.6.2008 PASSED IN I.A.NO.4111 OF 2007 IN O.S.NO.624 OF 2005 BY THE MUNSIFF'S COURT, KOZHIKODE II (P). EXT.P6 PHOTOSTAT COPY OF THE ORDER DATED 11.11.2010 PASSED IN I.A.NO.4111/2007 IN O.S.NO.624/2005 BY THE MUNSIFF COURT, KOZHIKODE II (P). RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1948 OF 2011 O ------------------------------------------------------ Dated this the 20th day of June, 2011 JUDGMENT The father of the petitioner filed O.S.No.624 of 2005 on the file of the Court of the Munsiff II, Kozhikode, for injunction against the respondents. The plaintiff filed I.A.No.4111 of 2007 for amendment of the plaint for incorporating a prayer for declaration, mandatory injunction and to set aside the documents under which the defendants claimed title. The application was dismissed by the trial court as per the order dated 17.6.2008. That order was challenged by the plaintiff in W.P.(C) No.37679 of 2008. As per the judgment dated 23.9.2010 in the Writ Petition, the order passed by the trial court was set aside. The trial court was directed to consider the matter afresh. 2. Thereafter, the trial court dismissed the application for amendment as per Ext.P6 order dated 11.11.2010, which is under challenge in this Original Petition. The court below took into account the facts and circumstances of the case and held that the application for amendment cannot be allowed at this stage. The O.P.(C) NO.1948 OF 2011 :: 2 :: suit was filed in 2005. Defendants 1 and 2 put forward their defence and they claimed title and possession under three documents of the year 1965, 1969 and 2004. The plaintiff was thus made aware of the contentions of defendants 1 and 2. However, the application for amendment was filed much later. The court below also noticed that the prayer for setting aside the documents would be barred by limitation and, in such a case, normally, amendment of plaint cannot be allowed. It was also noticed that the suit is only for injunction and the cause of action alleged in the plaint is quite different from the cause of action which is now sought to be introduced by way of amendment. The order passed by the court below does not suffer from any infirmity. Interference under Article 227 of the Constitution of India is not required in the case. The Original Petition lacks merits and it is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/