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2026 Supreme(Online)(Ker) 31193

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.Ravi, J
Jeril Mary John – Appellant
Versus
Shivsa Granite LLP – Respondent
OP(C) 2611 OF 2025



Advocates:
For the Appellants/Petitioners: Luke J Chirayil, Navaneeth Krishnan P.K., Neha Ramakrishnan, Jacob Victor, Vysakh C.S., Zainudheen P.
For the Respondents: Philip J.Vettickattu, Suraj Kumar D., Neenu Bernath, Saju S. Dominic, Manu Santhosh, O.M. Shalina, S. Unnikrishnan

Important Points

A trial court is duty-bound to hear and dispose of a pending amendment application, which corrects fundamental errors such as property descriptions, before proceeding to decide an interlocutory application for injunction to avoid waste of judicial time and ineffective orders.

Subject

Civil Law - Amendment of Pleadings and Temporary Injunction

Headnote

The case involves a request for a writ of mandamus directed at trial court proceedings to prioritize an amendment application over an interlocutory injunction application. The petitioner, as plaintiff, sought a permanent prohibitory injunction but identified a misdescription of the survey number in the original plaint, necessitating an amendment application. The court examined the procedural necessity of resolving the amendment before determining the injunction application to ensure the suit is predicated on accurate property identification. The core issue is whether a trial court must adjudicate a pending application for amendment of pleadings before hearing an application for temporary injunction. The court held that the procedural integrity requires that pending formal amendments must be addressed to cure defects in the plaint before the court acts upon auxiliary injunction requests, as proceeding on an incorrect premise would be futile. The Original Petition is allowed with a mandate to the trial court to dispose of the amendment application (Ext.P3) before disposing of the injunction application (Ext.P2).
Table of Content
1. requirement to prioritize amendment applications over interlocutory injunction petitions when fundamental errors exist in pleadings. (Para 1 , 2)

JUDGMENT

This Original Petition has been filed seeking a direction to dispose of Ext.P3 application and to keep Ext.P2 proceedings pending until Ext.P3 is considered and disposed of.

2. The petitioner is the plaintiff. The suit is one for permanent prohibitory injunction. Ext.P2 petition was filed seeking a temporary prohibitory injunction. Since it was noticed that the survey number of the property is wrong, an amendment application was filed as Ext.P3. The grievance of the petitioner is that the trial court is not considering the amendment application before consideration of application for injunction. It is submitted that unless the amendment application is considered before the injunction application, no purpose would served since there is admittedly a mistake in the survey number. I find justification in the above contention.

3. This Original Petition is allowed.

The Munsiff Court, Kottarakkara is directed to hear and dispose of Ext.P3 application before disposing of Ext.P2 application for injunction. The respondents may file their objection to the amendment application, if not already filed.

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