Original Civil Petition challenging orders of the Munsiff's Court dismissing applications to implead additional plaintiffs and amend plaint. The High Court found no reason to interfere as evidence was over, leaving challenge to subsequent appeals.
The High Court disposed of the original petition finding no reason to interfere with the impugned orders at that stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
FRIDAY, THE 15TH DAY OF FEBRUARY 2013/26TH MAGHA 1934
OP(C).No. 598 of 2013 (O)
PETITIONER(S)/PLAINTIFF 1-4 :
1. MUNDH YESODA, AGED 63 YEARS, D/O.RAGHAVAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
2. MUNDA CHERIYA KUNHAMBU, AGED 60 YEARS, S/O.RAGHAVAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
3. MUNDA BALAN,
4. MUNDA KARTHAYAYANI, AGED 53 YEARS, W/O.SUKUMARAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
BY ADVS.SRI.V.T.MADHAVANUNNI
SRI.P.P.SURESHKUMAR (AMBADIYIL)
RESPONDENT(S)/PLAINTIFFS NOS.6-9, DEFENDANTS 2-7.:
1. MUNDA SANTHA,AGED 26 YEARS, D/O.HARIDASAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
2. POLA LEELA, AGED 45 YEARS, D/O.CHANDRAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
3. POLA LIJESH, AGED 21 YEARS, S/O.CHANDRAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
4. POLA LIJINA, AGED 19 YEARS, D/O.CHANDRAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
OP(C).No. 598 of 2013 (O)
5. MULA KOYAD HARIDASAN, AGED 57 YEARS, S/O.NARAYANI, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
6. SANITHA, AGED 26 YEARS, D/O.HARIDASAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
7. CHIRAYIL KARTHIYAYANI, AGED 58 YEARS, W/O.BHARATHAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
8. MUNDA SHAIJU, AGED 29 YEARS, S/O.BHARATHAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
9. MUNDA SHAIJA, AGED 27 YEARS, D/O.BHARATHAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
10. MUNDA SHAJITH, AGED 27 YEARS, S/O.BHARATHAN, ANTHOOR AMSOM, THALAVIL DESOM, PARASSINIKKADAVU P.O., KANNUR DISTRICT.
R1,R2 & 4 BY ADV. SRI.V.A.SATHEESH R7 TO R10 BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
NS
OP(C).No. 598 of 2013 (O)
APPENDIX
PETITIONER(S) EXHIBITS :
EXHIBIT P4: COPY OF THE AFFIDAVIT IN I.A. NO.228/13 IN O.S.NO. 120/2004 OF THE MUNSIFF,TALIPARAMBA, DT.22-1-13.
EXHIBIT P7: COPY OF THE ORDER IN I.A. 227/13 IN O.S. NO. 120/2004 OF THE COURT OF THE MUNSIFF, TALIPARAMBA DT.4-2-2013.
EXHIBIT P8: COPY OF THE ORDER IN I.A. NO.228/13 IN O.S.NO. 120/2004 OF THE COURT OF THE MUNSIFF, TALIPARAMBA DT.4-2-2013.
RESPONDENTS' EXHIBITS : NIL
/ TRUE COPY /
P.A. TO JUDGE
NS
THOMAS P. JOSEPH, J.
===================== Original Petition (civil) No.598 of 2013 ============================== Dated this the 15th day of February, 2013
JUDGMENT
Respondents 7 to 9 who contest the suit appear through counsel.
O.P.(C) No. 598 of 2013 -: 2 :-
sought to be impleaded have also right in the suit properties and that the suit is filed with their consent. So far as amendment prayed for is concerned, it is stated that there is already a prayer for mandatory injunction. Learned counsel for the contesting respondents submits that the entire evidence in the case is over and the matter was heard.
With the above observation, this original petition is disposed of.
smv
Sd/- THOMAS P.JOSEPH, JUDGE //True copy//
P.A. To Judge
2 issues framed by the court
Whether the High Court should interfere with the Lower Court's order dismissing applications to implead additional plaintiffs and amend the plaint.
Whether the petitioners are entitled to re-open the suit for amendments at this stage.
MUNDH YESODA
MUNDA CHERIYA KUNHAMBU
MUNDA BALAN
MUNDA KARTHAYAYANI
MUNDA SANTHA
POLA LEELA
THOMAS P. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
