JUDGMENT

Defendant in O.S.No.167 2007 of the court of learned Additional Munsiff-I, Neyyattinkara is the petitioner before me challenging Ext.P7, order dated July 3, 2010 on I.A.No.4166 of 2010 allowing amendment of plaint to include a prayer for declaration of title and possession. Respondent filed the suit initially seeking a decree for prohibitory injunction against petitioner trespassing into the suit property – then described as 1.10 acres. Respondent claimed title and possession as per an assignment deed executed by petitioner in respect of 1.10 acres. Petitioner filed written statement denying allegations in the plaint and making a counter claim for prohibitory injunction regarding 40 cents. Petitioner claimed that of the 1.50 acres belonging to her, she assigned 1.10 acres to the respondent. Respondent filed a replication in answer to the counter claim contending that claim of petitioner that she has 40 cents with her is not correct and that if at all she has 40 cents excluding the 1.10 acres assigned to the respondent, the latter has no objection in petitioner locating the said 40 cents. After issues were framed, respondent filed Ext.P5, application for amendment of plaint