Court allows consolidation of issues in a property dispute to ensure complete resolution in one suit.

JUDGMENT

Dated this the 27^th day of November, 2025 This Original Petition has been filed challenging the order dated 25.05.2017 of the Munsiff Court, Pathanamthitta in IA No.458/2017 in O.S.No.276/2011 whereby a request for amendment of plaint has been rejected. The suit was originally filed for fixation of boundary and other reliefs. The amendment sought for is for recovery of possession of portions of the property, which were allegedly encroached upon pending the suit.

2. The application has been rejected finding that it was filed belatedly, much after the Commissioner had filed his report and the evidence was closed. Since the suit is between brothers and a finality of the dispute is required, this Court is of the opinion that the issue regarding recovery on title should also be consolidated along with the suit for fixation of boundary. The amendment is necessary for settling all the disputes between the parties and it is not proper to relegate the petitioner to another suit.

In the above circumstances, the Original Petition is allowed. The impugned order dated 25.05.2017 of the Munsiff Court, Pathanamthitta in IA No.458/2017 in O.S.No.276/2011 is set aside. I.A.No.458/2017 stands allowed. The petitioner shall submit an amended plaint within one month from today. The court below shall afford necessary opportunity to the defendant to file additional written statement on the amended plaint. The suit shall be proceeded thereafter. The parties are directed to appear before the court below on 10.12.2025.