This original petition has been filed challenging Ext.P9 order passed under Order VI Rule 17 of the Code of Civil Procedure (for short, “the C.P.C.”).

2. The petitioner is the defendant and the respondents are the plaintiffs in OS No.649/2019 pending on the file of Principal Munsiff Court, Cherthala (for short, “the Trial Court”).

The suit was one for declaration of easement right and for permanent prohibitory injunction. After the commencement of the trial, the plaintiffs filed Ext.P4 application to amend the plaint incorporating a prayer for mandatory injunction. The defendant opposed the application and filed Ext.P5 objection statement. The trial Court after hearing both sides allowed Ext.P4 application as per Ext.P9 order. It is challenging the said order, the defendant has filed this Original Petition.

3. I have heard Sri.K.G.Balasubramanian, the learned counsel for the petitioner and Sri.B.Pramod, the learned counsel for the respondents.

4. The suit is one for declaration of easement right over the plaint ‘D’ schedule property and also for permanent prohibitory injunction. The case of the plaintiffs is that they are having easement right by way of necessity over the pl