K SHAMBHU EMBRANTHIRI Vs. KODUMADU K GOPALAKRISHNAN EMBRANTHIRI

JUDGEMENT

(1.) DEFENDANTS 1 and 2 in a suit for recovery of possession on title are the petitioners herein. They had earlier moved the trial court seeking leave to amend the written statement. That was refused by the court below which was challenged in CRP No. 3076/2001 on the file of this court. This court by order dated 30.07.2003 allowed the Civil Revision Petition and granted leave to amend the written statement.

(2.) THERE was a subsequent attempt to amend the written statement further by deleting certain admissions. This however was not successful before the trial court. The order of the trial court disallowing amendment of the written statement this time was affirmed by this court. This was by virtue of the judgment dated 12.08.2010 in WP(C) Nos. 25343/2010 and 25374/2010.

(3.) I therefore set aside the order in I.A. No. 435/2010 in O.S. No. 66/1999 on the file of the court of the Munsiff Magistrate of Mananthavadi. The court below will reconsider the question in the light of the fact that written statement was amended pursuant to the order in CRP No. 3076/2001. The suit shall be expedited and every endevour shall be made to dispose it of within a period of six months from the date of receipt of a copy of this judgment. The Original Petition is disposed of as above. No costs.