IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11964 of 2010(O) --------------------------------------- [AS.NO.52/2009 OF II ADDL. DISTRICT COURT, THODUPUZHA, OS.NOS.72/2005 & 74/2005 OF SUB COURT,THODUPUZHA] .................... PETITIONER/1ST APPELLANT: -------------------------------------------- SUNNY MATHEW, AGED 43 YEARS, S/O. MATHEW, PUTHIYEDATHU HOUSE, THODUPUZHA KARA,THODUPUZHA VILLAGE. BY ADV. SRI.N.K.MOHANLAL. RESPONDENT/RESPONDENT: ------------------------------------------- ALEX, S/O. ULAHANNAN, AGED 42 YEARS, BUSINESS, KOOTUMALUPUTHENPURAYIL HOUSE, PUTHUPARIYARAM KARA, MANAKKADU VILLAGE, THODUPUZHA KARA, THODUPUZHA.P.O. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------- W.P (C) No.11964 of 2010 -------------------------- Dated this the 6th April, 2010 J U D G M E N T In this writ petition under Art.227 of the Constitution of India, the following prayers are made. "(i) Issue a writ of mandamus or any other appropriate writ or order directing the second Additional District Court, Thodupuzha to dispose of Exts.P1 and P2 petitions in accordance with law after affording the petitioner an opportunity to hear the same before judgment is pronounced in appeals. (ii) Issue a writ of mandamus or any other appropriate writ, or order directing the second Additional District Court, Thodupuzha to hear finally the appeals A.S 52/2009 and A.S 53/2009 before judgment is produced thereon." 2. Petitioner is the 1st appellant in A.S. No.52/2009 and A.S 53/2009 pending before the District Court, Thodupuzha; whereas two suits namely O.S No.72/2005 and O.S. No.74/2005 were pending before the Sub Court, Thodupuzha. Both suits were dismissed. Appellant was the plaintiff in both suits. It is pointed out that petitioner has filed I.A.No.140/2010 and I.A Nos.141/2010 in two appeals seeking amendment of the plaint. W.P (C) No.11964 of 2010 2 3. The grievance of the petitioner is that without hearing him in the appeals or in the I.A. Nos.140/2010 and 141/2010, the appeals had taken up for judgment. Petitioner prayed that a direction may be issued to the appellate court to consider his applications for amendment of the plaint. 4. In the nature of the order that is proposed to be passed,it is felt that notice to respondent is unnecessary. 5. The main complaint of the petitioner is that amendment applications have not been heard. He would argue that amendment applications at least can be heard along with appeals. In the result, there will be a direction to the Additional District Court, Thodupuzha to consider the applications filed by the petitioner as I.A Nos.140/2010 & 141/2010 before hearing the appeals and before disposal of appeals. The Writ Petition is disposed of, as above. P.BHAVADASAN, JUDGE ma W.P (C) No.11964 of 2010 3 W.P (C) No.11964 of 2010 4