ASOKAN Vs. JAYARAJAN

JUDGEMENT

(1.) PLAINTIFFS in O.S. No.1884 of 2007 of the court of learned Additional Munsiff, Irinjalakuda are the petitioners before me challenging correctness of the order dated May 18, 2010 on I.A. No.161 of 2009, for amendment of the plaint.

(2.) PETITIONERS-plaintiffs instituted the suit, originally for a declaration of right of way through plaint B schedule stating that plaint B schedule is included in the property belonging to the petitioners, their brothers and sisters and that they have a right to use the said B schedule for access to the plaint A schedule property belonging to them. There was also a prayer for prohibitory injunction to restrain respondents from trespassing into any portion of plaint A schedule property.

(3.) HERE, originally, petitioners pleaded that they have a right of access through plaint B schedule and that the said right shall not be obstructed by the respondents. Now the said reliefs are sought to be deleted by amendment and an entirely different relief of recovery of possession of the alleged trespassed area on the strength of title is sought to be incorporated. If amendment is allowed the suit will cease to be one for a declaration of right of way through plaint B schedule property. Instead, it will stand converted into a suit for recovery of possession of the alleged trespassed area on title. In that view of the matter, I do not find reason to interfere with the dismissal of the application.