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2009 Supreme(Ker) 116

K.T.SANKARAN
Eapen Antony – Appellant
Versus
Joseph, S/o. Chacko – Respondent


Advocates Appeared:
For the Petitioner:Bechu Kurian Thomas, P.K. Ibrahim, K.P. Ambika, Thomstine K. Augustine, C.N. Gopakumar, Advocates. For the Respondents:

Judgment:

The question involved in these Writ Petitions is whether the plaintiff in a suit can be allowed to amend the plaint after the evidence on his side is closed. These Writ Petitions came up for admission on 10.2.2009. The question involved being the same, as agreed by the counsel appearing for the petitioners, these Writ Petitions are being disposed of by this common judgment.

2. In W.P.(C) No.4270 of 2009, the respondents/plaintiffs filed the application for amendment of the plaint by amending the description of the plaint schedule property. The court below allowed the application, which is under challenge in the Writ Petition. The plaint schedule property is a pathway leading to the plaintiffs residential compound. The plaint schedule property was purchased by the plaintiffs as per a registered document of the year 1981. The property of the first defendant lies on the northern and western side of the plaint schedule property. It is stated that the pathway starts from the north-eastern corner of an extent of 30 cents of land. In the document of title also, the property is similarly described. The suit was filed for a permanent injunction restraining the defendants from ente






















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