Allowed

Vijayan and Another v. Thulasibhai and Others

Kerala HC13 Jan 2009WP(C)/1240/2009

Case brief

AI extract

What is this about?

The High Court directed the lower court to grant defendants an opportunity to file an additional written statement after plaint amendment and allowed them to seek a joint trial with a related suit regarding boundary and injunction.

What did the court decide?

Court directed lower court to afford opportunity to defendants to file additional written statement and take pre-trial steps; petitioners allowed to move for joint trial of O.S.71/06 and O.S.121/06.

Vijayan and Another Vs Thulasibhai and Others — Property and Title | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN

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TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No.1240 of 2009 (V) -------------------------------OS.71/2006 of M.C., KOLLAM ....................

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PETITIONERS:

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-----------------

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1. VIJAYAN, S/O.KOCHUKUNJU VIKAJ, FATHIMA ROAD, ELAMKULAM VILLAGE, KOCHI

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2. CHANDRALEKHA, D/O.KAMALAKSHI UDAYASREE, MUNDAKKAL EAST , KOLLAM.

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BY ADV. SRI.K.SUBASH CHANDRA BOSE

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RESPONDENTS:

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------------------

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1. THULASIBHAI, D/O.KAMALAKSHI, VELIYIL VEEDU, MUNDAKKAL WEST, UDAYASREE, MUNDAKKAL EAST KOLLAM.

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2. RAMESH BABU, S/O.KOCHUKUNJU, VELIYIL VEEDU, MUNDAKKAL WEST, DO.DO.

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3. TAHASILDAR, KOLLAM.

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4. TALUK SURVEYOR, OFFICE OF TAHASILDAR, KOLLAM.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.P.BALACHANDRAN, J.

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W. P. C. No.1240 of 2009

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Dated this the 13^th day of January, 2009

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JUDGMENT

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The petitioners are defendants 1 and 2 in

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O.S.71/06 on the file of the Munsiff's Court, Kollam.

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The petitioners assail the amendment

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of plaint allowed by the court below incorporating an additional extent of one and 1/4 cents along with the scheduled property. According to the first petitioner that one and 1/4 cents is land that had been sold by him to the second petitioner and the second petitioner has filed a suit against the respondents/plaintiffs who are petitioners in the amendment application for putting up of boundary and for injunction as O.S.121/06. If at all there is such a suit pending in relation to the same extent that is sought to be incorporated to the plaint schedule in this

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-2-

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W. P. C. No.1240 of 2009

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suit by amendment, the petitioners can move for a joint trial of the two suits so that comprehensive relief can be worked out in that suit.

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It is the further contention of the

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petitioners that though the court below has vide Ext.P7 order on I.A.5093/08 allowed amendment of plaint in O.S.71/06, the suit is included for trial in the list without affording any opportunity to the petitioners who are defendants 1 and 2 in the said suit to file additional written statement. When by Ext.P7, amendment of plaint is allowed it goes without saying that the court below has to afford an opportunity to the defendants to file additional written statement, if any and also to take further pre-trial steps if any, that may become necessary.

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In the result, I dispose of this writ

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Petition directing the court below to afford

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-3-

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W. P. C. No.1240 of 2009

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sufficient opportunity to the defendants in the suit to file additional written statement and to take further pre-trial steps if any consequent on amendment allowed vide Ext.P7 order dt.02/12/08. The petitioners are also allowed to move for joint trial to have O.S.121/06 also tried jointly with the suit O.S.71/06 and in that event the learned Munsiff shall pass appropriate orders thereon. Petitioner is directed to produce a copy of this judgment in the court below to enable the court below to abide by the directions contained in this judgment.

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Issue copy of this judgment to the

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counsel for the petitioner urgently.

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K.P.BALACHANDRAN, JUDGE

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kns/-

Vijayan and Another v. Thulasibhai and Others

Case brief

What is this about?

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Vijayan and Another v. Thulasibhai and Others

Case brief

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