IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 OP(C).No. 779 of 2010(O) ------------------------ AGAINST THE ORDER DATED 13/10/2010 IN IA 2187 & 2188/2010 IN OS.252/2009 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONERS: ---------------------- 1. KHALID PALLIPATH, S/O.LATE MEMI, AGED 56 YEARS, BUSINESS, ASRITHA HOME APPLIANCES, SREEKANDAPURAM P.O., SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. B.P.NASEEMA, D/O.LATE MAMMU, AGED 40 YEARS, PALLIPATH HOUSE, PATTEEL, IRIKKUR P.O. IRIKKUR AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): --------------- 1. B.P.SOODHA, D/O.K.T.IBRAHIM, AGED 38 YEARS, SOODHA COTTAGE, SREEKANDAPURAM P.O., SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT - 670 631. 2. B.P.SAMEERA, S/O.K.T.IBRAHIM, AGED 36 YEARS, SOODHA COTTAGE, SREEKANDAPURAM P.O., SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT - 670 631. 3. B.P.RAFEEQUE, S/O.K.T.IBRAHIM, AGED 40 YEARS, SOODHA COTTAGE, SREEKANDAPURAM P.O., SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT - 670 631. 4. B.P.ABDUL MAJEED, S/O.LATE MAMMU, AGED 48 YEARS, SAFIYA MANZIL, NEAR G.H.S. SREEKANDAPURAM P.O., SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT - 670 631. O.P.(C).NO.779/2010 5. B.P.KHAIRUNNISSA, W/O.MUSTHAFA K.P., AGED 42 YEARS, NEAR G.H.S. SREEKANDAPURAM P.O., SREEKANDAPURAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT - 670 631. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- O.P.(C).NO.779 OF 2010 (O) ----------------------------------- Dated this the 19th day of November, 2010 J U D G M E N T The 2nd and 3rd defendants in a suit for injunction have filed this original petition challenging the orders passed by the learned Munsiff, Taliparamba allowing two applications moved by the plaintiff in the suit, for amending the survey number of the property scheduled in the plaint and also in the application for injunction. Though these petitioners/defendants have raised serious objections to the applications, the learned Munsiff, without adverting to such objections, allowed those applications on terms holding that no prejudice would be caused to them and that the character of the suit would not be changed by the amendment. Exts.P5 and P8 are the copies of the orders passed by the learned Munsiff allowing the amendment of the plaint and also the application for injunction. Propriety and correctness of those orders are assailed in this original petition invoking the O.P.(C).NO.779/2010 2 extraordinary jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the learned counsel for the petitioners. Having regard to the submissions made by the counsel and perusing Exts.P5 and P8 orders, I find that this is not a fit case warranting interference in exercise of the supervisory jurisdiction vested with this Court. Though the learned counsel for the petitioners urged that the plaintiffs have produced 13 documents to substantiate the suit claim and one of them referred to the correct survey number sought to be introduced by amendment, I find that is a matter which has to be agitated and considered in the trial of the suit and not at this stage. Essentially, the procedure under Order VI Rule 17 of the CPC is intended to enable the parties to carry out the corrections which are necessary for a fair and proper adjudication of the lis/controversy involved in the suit. Exts.P5 and P8 orders are, in short, orders passed in exercise of the discretion vested with the learned Munsiff. Having regard to the pleadings and the facts and circumstances presented in the case, there is nothing to O.P.(C).NO.779/2010 3 indicate that such discretion has been exercised erroneously. There is no merit in the original petition, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp O.P.(C).NO.779/2010 4