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MAR ATHANACIOUS COLLEGE ASSOCIATION versus ISAHAC, S/O.PURAVATH

High Court of Kerala

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MAR ATHANACIOUS COLLEGE ASSOCIATION v. ISAHAC, S/O.PURAVATH - WP(C) No. 29169 of 2006(V) [2007] RD-KL 15777 (16 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29169 of 2006(V)

1. MAR ATHANACIOUS COLLEGE ASSOCIATION,
... Petitioner

Vs

1. ISAHAC, S/O.PURAVATH,
... Respondent

2. ALAMMA, W/O.ISAHAC, RESIDING AT

3. PAULOSE, S/O.PAVU,

4. SONY PULLAN, S/O.PAPPACHAN,

5. K.K.VARKEY, RESIDING AT KORUKATTIL

For Petitioner :SRI.K.RAMAKUMAR

For Respondent :SRI.GEORGE JACOB (JOSE)

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :16/08/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C) No.29169 of 2006
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Dated: 16th August, 2007



JUDGMENT

Heard counsel for the petitioner. He would flay Ext.P3 which is an order passed by the learned District Judge on an application for amendment of the plaint filed by the plaintiff in an appeal on all the grounds raised in the Writ Petition.

2. The strenuous submissions of the learned counsel notwithstanding, I am not able to find any infirmity of such a magnitude as to justify interference by this court under Article 227 of the Constitution. The amendment will not cause any prejudice to the petitioner. Of course, the petitioner will be put to considerable inconvenience and there is gross delay in the matter of filing the amendment application. I am of the view that the cost imposed by the learned District Judge was on a low side. Therefore, even as I am not inclined to set aside Ext.P3, I modify Ext.P3 to the extent of enhancing the cost presently ordered by the District Judge to Rs.2000/-. Out of the above amount Rs.1500/- will be payable to the petitioner either directly or through his counsel in this court and Rs.500/- will be payable to the Kerala High Court Legal Services W.P.C.No.29169/06 - 2 - Committee. Both payments shall be made within three weeks from today. If payments are not made, I.A.No.651 of 2006 will stand dismissed and the Writ Petition will stand allowed. The Writ Petition is disposed of as above. No costs.

srd PIUS C.KURIAKOSE, JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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