SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Online)(KER) 5255

HIGH COURT OF KERALA
C.S. DIAS, J
PODIYAMMA – Appellant
Versus
K.PODIYAN – Respondent


Advocates:
SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX, SRI.ARUN.B.VARGHESE, SRI.JAYKAR.K.

JUDGMENT

Confronted with Ext.P6 order passed in I.A.

No.1373/2013 in O.S. No.396/2004 by the Court of the Munsiff, Pathanamthitta, the defendants in the suit have filed the original petition. The respondents are the plaintiffs in the suit.

2. The relevant facts leading to Ext.P6 order, in a nut shell, are: the respondents have filed the suit against the petitioners, seeking a decree for fixation of western boundary of plaint schedule item Nos.1 and 2 properties and for consequential reliefs. The suit is resisted by the petitioners through Ext.P2 written statement. The suit was dismissed by the court below on 19.03.2007. The respondents took up the matter in appeal by filing A.S. No.146/2007 before the Court of the Additional District Judge, Pathanamthitta. By Ext.P3 judgment, the Appellate Court remanded the matter to the Trial Court for fresh consideration. Thereafter, for the amplification of the written statement, the petitioners filed I.A. No.1373/2013 (Ext.P4), seeking leave to amend the written statement. The application was opposed by the respondents through Ext.P5 objection. The court below, by the impugned Ext.P6 order, dismissed Ext.P4 application. Ext.P6 is manifestly wron

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top