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2020 Supreme(Ker) 845

R.NARAYANA PISHARADI
T. V. Sasikala, W/O. P. P. Vishnudas – Appellant
Versus
C. P. Joseph S/O. Peru – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. J. Jayakumar, Adv.
For the Respondent: Sri.Jolly John, Adv.

JUDGMENT :

The petitioners are the defendants and the respondent is the plaintiff in the suit O.S.No.92/2011 on the file of the Sub Court, Ernakulam.

2. The suit is instituted for granting a decree of declaration that the plaintiff has got absolute title, ownership and possession over the property described in the plaint C schedule and also a decree of prohibitory injunction restraining the defendants from trespassing into that property and committing any acts of waste therein. The plaintiff has also sought a decree for fixation of the boundaries of the plaint C schedule property.

3. After commencement of the examination of witnesses in the suit, the plaintiff filed an application (Ext.P5) under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short 'the Code') for amendment of the plaint.

4. By way of amendment of the plaint, the plaintiff sought correction of the extent of the property mentioned in the plaint C schedule and also incorporation of new survey numbers of the property. The plaintiff also prayed for insertion of a new schedule as plaint D schedule in the plaint containing description of the property of the defendants.

5. The defendants filed objection to Ext.P5 ap

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