Jyoti v. M.S.Gireesh
Case brief
What is this about?
This order allows an application to amend a written statement. The court held that the defendants merely clarified the scope of an easement plea rather than introducing a new claim, setting aside the lower court's refusal to grant the amendment.
What did the court decide?
Allow I.A. 965/2011 permitting amendment of the written statement to clarify easement extent.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 14TH DAY OF NOVEMBER 2012/23RD KARTHIKA 1934
OP(C).No. 2805 of 2012 (O) -------------------------OS.1751/2009 of II ADDL.MUNSIFF COURT,TRIVANDRUM
PETITIONER(S):
1. M.S. JYOTHY, D/O.MADHAVAN PILLAI, AGED 45 YEARS, T.C.NO.1/1979(1), VISHAKH, KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
2. K. PRATHAPACHANDRAN NAIR, S/O. KESAVAN NAIR, RESIDING AT THE ABOVE ADDRESS.
BY ADV. SRI.K.B.PRADEEP
RESPONDENT(S):
1. M.S.GIREESH, S/O.MADHAVAN PILLAI, T.C.NO.1/1978, GOKULAM KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, THIRUVANANTHAPURAM, PIN-695 011.
Issues for consideration
1 issue framed by the court
Whether an application for amendment of the written statement claiming easement over specific lands should be allowed as a clarification or as a new plea.
Parties & counsel
- petitioner
M.S. Jyothy
- petitioner
K. Prathapachandran Nair
- respondent
M.S. Gireesh
- respondent
M.S. Shobha
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court