MARATT RUBBER LIMITED Vs. J K MARATTUKALAM

JUDGEMENT

(1.) THE suit is one for injunction and in the alternative for recovery of possession. Defendant Nos.4 and 5 in the suit were appointed as party receivers pursuant to the judgment in CMA. No.234/1996 on the file of this Court. THE said appeal arose out of an application for temporary injunction. THE party receivers were appointed on 13-9-1996 and were removed from office on 10-4-2001. THEre was an omission on the part of the plaintiff to incorporate a prayer for mesne profits in the plaint originally.

(2.) TWO Interlocutory Applications were filed by the plaintiff on the eve of trial of the suit. I.A No.1622/2010 was filed for amendment of the plaint seeking to incorporate the claim for future mesne profits. I.A No.1689/2010 was filed for a direction to defendants 4 and 5 to deposit in Court the profits collected as receivers. The Court below has by Exts.P5 and P6 orders dismissed I.A Nos.1622/2010 and 1689/2010 in O.S.No.304/1995 on the file of the Subordinate Judge of Manjeri

(3.) IT is true that there is some latches on the part of the plaintiff in not being vigilant to take appropriate steps. Such latches can be condoned by directing the plaintiff to pay costs to Defendant Nos.4 and 5. I.A No.1622/2010 is therefore allowed on condition that the petitioner/plaintiff pays to the Counsel for Defendant Nos. 4 and 5 in this Original Petition a sum of Rs. 25,000/- (Rupees twenty five thousand only) within one month from today. Ext.P5 order dismissing I.A No.1622/2010 will remain intact in case the costd as directed above is not paid.