FASILUDHEEN Vs. FAISI

JUDGEMENT

(1.) Aggrieved by Ext.P4 orders dtd. 23/11/2021 passed in I.A.No.6/2021 in O.S.No.528/2015 of the Court of the Munsiff, Varkala, the second plaintiff in the suit has filed the original petition. The respondents are the defendants in the suit.

(2.) The facts leading to Ext.P4 order, in a narrow compass, are: the petitioner is the power of attorney holder of the second plaintiff and the husband of the first plaintiff in the suit which is filed for declaration of title and other ancillary reliefs. There was an earlier suit filed by the plaintiffs against the respondents, which was dismissed. Now, the matter is pending before this Court in R.S.A.No.765/2021. The present suit is based on title of the plaint schedule property. During the pendency of the First Appeal in the earlier suit, the respondents had executed a partition deed and a sale deed in respect of the schedule property. It was in the above background, the petitioner filed Ext.P2 application, for leave to amend the plaint. The same was opposed by the respondents. The court below, by the impugned Ext.P4 order, dismissed Ext.P2 application. Ext.P4 is erroneous and wrong. Hence, the original petition.

(3.) Heard; Sri.K.B.Pradeep, the learned counsel appearing for the petitioner.