P.C.Rajan v. K.Devi
Case brief
What is this about?
High Court of Kerala set aside an order dismissing an amendment application challenging an access path injunction. The court allowed the amendment clarifying the pathway extent and directed the lower court to dispose of the 8-year-old case within three months.
What did the court decide?
Impugned order dismissing I.A. No. 122/2015 set aside; amendment allowed; direct disposal within three months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938
OP(C).No. 1635 of 2016 (O)
IA.NO.122/2015 IN OS.357/2008 OF MUNSIFF COURT, HOSDURG
PETITIONER(S)/PETITIONER:
P.C.RAJAN,
AGED 56 YEARS, S/O.LATE CHANDU, RESIDING AT "SREEMAKKAM", WEAVER'S STREET, NILESHWAR, NILESHWAR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
BY ADV. SRI.T.K.VIPINDAS
RESPONDENT(S)/RESPONDENTS:
1. K.DEVI, AGED 62 YEARS, W/O.RAVEENDRAN, RESIDING AT KARAKKUZHI, VELLIKOTH, AJANUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT - 671 123.
Issues for consideration
2 issues framed by the court
Whether a high court should set aside an impugned order dismissing an application for amendment in a civil suit regarding injunction and acquisition of easement by prescription.
Whether allowing the amendment application now, after a substantive mandatory injunction has been granted, would cause prejudice or delay in the proceedings.
Parties & counsel
- petitioner
P.C. RAJAN
- respondent
K.DEVI
- respondent
K.GIRIJA
- respondent
K.V.THAMBAN
- respondent
KURICHI KANNAN
Case details
As recorded by the court registry
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