IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 21361 of 2008(R) -------------------------------------------- IA 205/08 IN AS.5/2004 of SUB COURT, KATTAPPANA .................... PETITIONERS: 1. DEVASSIA, POOMATTATHIL HOUSE, KATTAPPANA. 2. MARYKUTTY, W/O.DEVASSIA, DO. DO. 3. SIBI, S/O.DEVASSIA, DO. DO. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENT: SUMA, W/O.BABU, KOCHUVEETTIL HOUSE, KATTAPPANA VILLAGE, KATTAPPANA. ADV. SRI.M.NARENDRA KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.21361 of 2008 R -------------------------- JUDGMENT This writ petition is filed by the respondents in A.S.No.5/04 on the file of the Sub Court, Kattappana assailing Exhibit P5 order allowing amendment of plaint vide I.A.No.205/08 filed in the said appeal. 2. Heard counsel on both sides. 3. After advancing arguments at length on Exhibit P5 order passed by the court below, allowing amendment of the plaint on the application of the petitioner/plaintiff, counsel on both sides are agreed on that certain amendments sought for have the effect of withdrawing the admissions made in the plaint originally, which are judicial admissions, which cannot be withdrawn and that therefore, the impugned order can be set aside without prejudice to the respondent/plaintiff moving appropriate petition for amendment of the plaint without withdrawing any judicial admissions WPC 21361/08 2 made in the plaint originally. In the result, allowing this writ petition, I set aside Exhibit P5 order. Respondent/plaintiff may move for appropriate amendment of the plaint in such a manner, however, that the judicial admissions made in the original plaint are not withdrawn. If such an amendment application is filed, court below, after hearing the objections of the petitioners, who are the respondents therein, may pass appropriate orders either before the disposal of the appeal or along with the disposal of the appeal, as is deemed appropriate. This writ petition is disposed of with the above directions. 18th November, 2008 (K.P.Balachandran, Judge) tkv