IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 29TH MAY 2007 / 8TH JYAISHTA 1929 WP(C).No. 2986 of 2007(E) ------------------------- AGAINST THE ORDER DATED 24/01/2006 IN IA 1121/2005 IN OS.222/2005 OF MUNISIFF-MAGISTRATE.COURT,PONNANI .................... PETITIONER: ------------------- PADAPUZHA VARIATH KUMINI @ SREEDEVI VARASSIAR BY MUKTHIAR RUDRAN @ MOHANA VARIER, 56 YEARS, THRIKKANDAPURAM AMSOM, VELLANCHERI DESOM PONNANI TALUK. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ---------------------- JAYAGOVINDAN, 56 YEARS, S/O.KARAMBATHOOR BHANUMATHI AMMA, THRIKKANDAPURAM AMSOM, KADAKASSERI DESOM, PONNAI TALUK. BY ADV. SRI.SANTHEEP ANKARATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 2986/2007 E APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER IN IA NO. 1121/2005 IN OS NO. 222/2005 DT. 24/1/2006. EXT.P2. COPY OF THE ORDER IN IA NO. 279/2006 IN CMA NO. 1/2006 DT. 18/2/2006. EXT.P3. COPY OF THE JUDGMENT IN CMA NO. 1/2006 DT. 28/08/2006. True copy tga M.N.KRISHNAN, J ===================== W.P.(C) No.2986 OF 2007 ===================== Dated this the 29th day of May, 2007 JUDGMENT This writ petition is filed to quash Exts.P1 and P3. Both the courts concurrently found that the plaintiff is not entitled to injunction as prayed for. I am informed that the suit is ripened for trial and therefore I dispose of the writ petition with a direction to the trial court to dispose of the suit untrammelled by the observations contained in Exts.P1 and P3 when it is ripened for trial. It is also submitted by the counsel for the petitioner that in the event of necessity his client may be permitted to file an application for amendment of the plaint by converting the suit for recovery of possession on the strength of title. The writ petitioner is at liberty to move such application and it is for the court to pass appropriate orders after hearing the other side on merits. M.N.KRISHNAN, JUDGE Cdp/-