SARADHI SUKUMARAN Vs. PRAKASAN

JUDGEMENT

(1.) The petitioner is the plaintiff in OS No.712/2014 on the file of the Additional Munsiff's Court, Alappuzha. The said suit is one filed for a decree declaring his right over plaint schedule item No.2 pathway; a permanent prohibitory injunction restraining the defendants (respondents herein) from obstructing the use of plaint schedule item No.2 pathway; to remove the obstruction caused to plaint schedule item No.2 pathway through an order of mandatory injunction; and for other consequential reliefs.

(2.) The petitioner is before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India, seeking an order to set aside Ext.P3 order dated 22.9.2017 of the court below in IA No.3941/2017. The said interlocutory application was filed under Order VI, Rule 17 of the Code of Civil Procedure, 1908 seeking an order to amend the plaint, in order to incorporate the actual length of plaint schedule item No.2 pathway as 75 meters, which was omitted to be noted in the plaint. The said application ended in dismissal by Ext.P3 order.

(3.) Heard the learned counsel for the petitioner.