OP(C) NO. 2494 OF 2024 1 2025:KER:26792 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP(C) NO.2494 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 16.10.2024 IN OA NO.10 OF 2023 OF MUNSIFF MAGISTRATE COURT, KALPETTA PETITIONERS: 1 THOMAS OOMMEN, AGED 69 YEARS S/O.P.T.OOMMEN, PULIMUTTATH HOUSE, ARUN ROAD, CHEVAYOOR VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT -, PIN - 673017 2 DOLLY OOMMEN PULIMUTTATH AGED 57 YEARS W/O. OOMMEN OOMMEN, PULIMUTTATH HOUSE, TURKEY BAZAR ROAD, KALPETTA POST AND VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT –, PIN - 673121 BY ADVS. K.M.FIROZ M.SHAJNA E.C.AHAMED FAZIL RESPONDENT: MEREEN GEORGE AGED 67 YEARS W/O.K.A.GEORGE, MANJU ESTATE, HOUSE NO.V/6, PUZHAMUDI POST, VENGAPALLY VILLAGE, VYTHIRI TALUK, WAYANAD DISTRICT, PIN - 673122 BY ADVS. V.V.SURENDRAN P.A.HARISH(K/000392/1991) OP(C) NO. 2494 OF 2024 2 2025:KER:26792 DONA PAUL(K/001661/2018) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 2494 OF 2024 3 2025:KER:26792 JUDGMENT (Dated this the 27th day of March, 2025) Petitioners are the plaintiffs in O.S.No.10 of 2023 on the files of the Munsiff’s Court, Kalpetta. The suit was filed for a perpetual injunction restraining the defendants from causing obstruction in assessing plaint B scheduled way. As per the plaint averments, the length of the way to plaint A schedule is 6 feet width and 650 meters of length. 2. The defendant filed a written statement denying the plaint averments, and thereafter, a commissioner was appointed to inspect the property and filed a report. After the evidence was complete and the hearing was over, the plaintiff noted that a mistake in the plaint in respect of the length of the way, as the same is shown as 650 meters, but actually it is 65 meters. Therefore, an application is filed as I.A.5 of 2024 for amending paragraph 4 and the second line to replace the letter 650 to 65. The said application is dismissed by Ext.P6, stating that this is a highly belated petition and the proviso to Order VI Rule 17 is attracted. 3. Heard the learned counsel for the petitioners as well as the respondent. OP(C) NO. 2494 OF 2024 4 2025:KER:26792 4. Taking note of the fact that the amendment sought is only in respect of the length of the way to be described as 65 in the place of 650. I deem it appropriate to set aside Ext.P6 and allow the I.A.No.1of 2024 to make the amendment in respect of the length of way in paragraph 4. The Original Petition (Civil) is allowed as above. Sd/- BASANT BALAJI, JUDGE saap OP(C) NO. 2494 OF 2024 5 2025:KER:26792 APPENDIX OF OP(C) 2494/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT DATED 09.01.2023 IN O.S. NO. 10 OF 2023 ON THE FILES OF MUNSIFF COURT, KALPETTA Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 04.09.2023 IN O.S. NO. 10 OF 2023 ON THE FILES OF MUNSIFF COURT, KALPETTA Exhibit P3 TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED 23.02.2023 IN O.S. NO. 10 OF 2023 ON THE FILES OF MUNSIFF COURT, KALPETTA Exhibit P4 TRUE COPY OF I.A NO. 5 OF 2024 IN O.S. NO. 10 OF 2023 ON THE FILES OF MUNSIFF COURT, KALPETTA DATED 01.10.2024 Exhibit P5 TRUE COPY OF THE OBJECTION DATED 07.10.2024 IN I.A NO. 5 OF 2024 IN O.S. NO. 10 OF 2023 ON THE FILES OF MUNSIFF COURT, KALPETTA DATED 01.10.2024 Exhibit P6 TRUE COPY OF ORDER DATED 16.10.2024 IN I.A. NO. 5 OF 2024 IN O.S. NO. 10 OF 2023 PASSED BY MUNSIFF COURT, KALPETTA //True copy//PA to Judge