JUDGMENT :

1. The plaintiff in O.S.No. 6 of 1997 has approached this Court challenging the order of the trial court in permitting the defendants to amend the written statement, thereby allowing them to raise a counter claim against the plaintiff.

2. The suit is one for declaration and injunction. Initially, the suit was dismissed against which an appeal was preferred by the petitioner before the Addl. District Court, Ernakulam as A.S. No. 10 of 2003 which was also dismissed. Aggrieved by the dismissal of the appeal, A.S. No. 10 of 2003, the petitioner filed R.S.A No. 54 of 2006. By judgment dated 04.01.2012, this Court allowed the appeal, setting aside the dismissal of the suit and remanding the suit for a fresh consideration. While remanding the matter back to the trial court, this Court found that it is necessary to measure the properties of the plaintiff and the defendants with reference to their respective documents of title. It was also found that since Exts.C2 and C2(a) and the properties of the plaintiff and the defendants were not measured with the documents and title, this Court found that the report cannot be accepted. On remand, the plaintiff took commission for local insp