IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WP(C).No. 2261 of 2008(T) ------------------------------------- OS.203/2006 OF PRINCIPAL SUB COURT.,THALASSERY .................... PETITIONER: ------------------- C.K.ABOOBACKER, S/O.MOOSA, AGED 46 YEARS, DRIVER, RESIDING AT CHIRAKANDOTH HOUSE, CHOKLI AMSOM, MENAPRAM DESOM, THALASSERI TALUK. BY ADV. SRI.K.V.PAVITHRAN SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL RESPONDENT: ---------------------- K.P.AYSHU, W/O.MOOSA, AGED 70 YEARS, NO OCCUPATION, RESIDING AT CHIRAKANDOTH HOUSE, CHOKLI AMSOM, MANAPRAM DESOM, THALASSERI TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J --------------------------------------- W.P.(C) No.2261 of 2008 --------------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT The defendant in O.S.No.203 of 2006 of the Principal Sub Court, Thalassery is challenging Ext.P5 order whereunder I.A.No.1683 of 2007 filed under Order VI Rule 17 of the Code of Civil Procedure to amend the plaint was allowed. As per the amendment sought for, the petitioner sought to raise an alternative plea of partition which was allowed by the trial court in order to avoid multiplicity of proceedings and also in the interest of justice. Argument of the learned counsel is that the jural relationship between the parties will be changed if the amendment as allowed under Ext.P5 is sustained. On going through Ext.P5 order, I do not find any reason to interfere with the said order. However, petitioner is entitled to file an additional statement raising all the contentions that are available to him. Writ petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE vns