Case between Sushama A.D. vs The State of Kerala et al regarding amendment of plaint.

Case Summary

Sushama A.D. is the plaintiff seeking to amend the plaint in her ongoing suit for permanent prohibitory injunction. The defendants are state entities accused of encroaching on the plaintiff's property.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the amendment of the plaint to include claims for mandatory injunction and compensation, while permitting the defendants to challenge the maintainability of the suit.

Judgment Favored

Plaintiff

Relief Granted

Amendment of plaint allowed.

Case Type

Civil Suit

Final Judgment

No

Why Plaintiff Won:
The amendments are necessary for proper determination of issues and to avoid multiplicity of proceedings.

Judgment Evidence:

In the result, IA stands allowed.

Parties Involved

Plaintiffs

Sushama A.D. (65 years) Anjili Velil House, Nettoor Desom, Nettoor P.O., Maradu Village, Kanayannur Taluk, PIN - 682 040

Defendants

The State of Kerala (Age not specified years) Civil Station, Kakkanadu, Cochin - 682 030 The District Collector, Ernakulam District (Age not specified years) Civil Station, Kakkanadu, Cochin – 682 030 The Special Tahasildar (L.A) (Age not specified years) N.H.No.1, Kakkanadu, Ernakulam, PIN – 682 030 The Executive Engineer (Age not specified years) Office of Executive Engineer, Harbour Engineering, Ernakulam Division, Palli Port P.O, Munambam, Ernakulam District, Pin – 683 515 Maradu Municipality (Age not specified years) Represented by its Secretary, Maradu.P.O, Ernakulam District, Cochin - 40

Reliefs

Relief Type: Mandatory Injunction

Outcome: Partly Granted

Description:

Amendment to incorporate relief of mandatory injunction and compensation.

Evidence:

I am of the opinion, in the facts of the case, in order to avoid multiplicity of proceedings, and as the amendments sought to be incorporated is one that is directly linked to the prayer and pleadings made out in the suit originally, that a liberal approach can be taken in the matter of allowing this amendment.

Relief Type: Compensation

Outcome: Partly Granted

Description:

Amendment to incorporate relief of mandatory injunction and compensation.

Evidence:

I am of the opinion, in the facts of the case, in order to avoid multiplicity of proceedings, and as the amendments sought to be incorporated is one that is directly linked to the prayer and pleadings made out in the suit originally, that a liberal approach can be taken in the matter of allowing this amendment.

Documents & Evidence

Document Type: Commission Report

Submitted By: Plaintiff

Relevance:

The commission report filed on 17.03.2023 identifies encroachment by the defendants on the plaintiff's property.

Reference:

Ext.C1

Document Type: Oral Evidence

Submitted By: Unknown