1 O.P.(C) NO.181 OF 2025 2025:KER:25000 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 O.P.(C) NO.181 OF 2025 (AGAINST THE ORDER/JUDGMENT DATED 15.01.2025 IN OS NO.186 OF 2018 OF MUNSIFF MAGISTRATE COURT, THODUPUZHA) PETITIONER/1ST RESPONDENT/PLAINTIFF: SEBASTIAN @ BIJU KURIAN, AGED 48 YEARS, S/O KORA, RESIDING IN THE ADDRESS MECHERIKUNNEL HOUSE, ANCHIRIKARA, ALAKODE VILLAGE, ANCHIRI P O, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN – 685 584 BY ADV G.SREEKUMAR (CHELUR) RESPONDENTS/PETITIONER AND THE 2ND RESPONDENT/1ST DEFENDANT AND THE 2ND DEFENDANT: 1 MATHEW, AGED 90 YEARS, S/O MATHAI, RESIDING IN THE ADDRESS POOVATHINKAL HOUSE, CHILAVUKARA, KARIMANNOOR VILLAGE, KARIMANNOOR P O, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN – 685 581 2 ABDUL KAREEM, S/O MAITHEEN, RESIDING IN THE ADDRESS PANACKAL HOUSE, THODUPUZHA KARA, THODUPUZHA VILLAGE, THODUPUZHA P. O, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN – 685 584 2 O.P.(C) NO.181 OF 2025 2025:KER:25000 BY ADVS. Dinesh Mathew J Murikan VINOD S. PILLAI(K/631/2012) NAYANA VARGHESE(K/283/2021) JERRY PETER(K/3088/2023) MOHAMMED THAYIB N.M.(K/1451/2019) RIA VARGHESE(K/1367/2023) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.1.2025, THE COURT ON 24.03.2025 DELIVERED THE FOLLOWING: 3 O.P.(C) NO.181 OF 2025 2025:KER:25000 JUDGMENT (Dated: 24th March, 2025) The petitioner has approached this court challenging Ext.P7 order in I.A.No.5 of 2024 in O.S.No.186 of 2018. The said I.A. was filed by the first defendant in the suit to release an amount of Rs.10,78,996/- lying in deposit. The suit was filed for the return of advance money by the petitioner herein, which was dismissed on 14.11.2023 as per Ext.P1. Aggrieved by the judgment and decree, A.S.No.54 of 2023 was filed. In the said appeal; appellant filed I.A.No.2 of 2023 under Order 41 Rule 1 and Section 96 CPC, to pass an order staying the withdrawal of the amount of Rs.10,78,991/- by the first respondent for lifting the attachment effected as per the order in I.A.No.1 of 2021 in O.S.No.186 of 2018; that is still pending. 2. The counsel for the petitioner submitted that the said 4 O.P.(C) NO.181 OF 2025 2025:KER:25000 application is not considered till date. In the meantime, the respondents moved the Munsiff Court to release the amount by filing Ext.P5. The Munsiff Court allowed the application. Challenging the said order, this original petition is filed. 3. The counsel for the respondents submits that the 1st respondent herein is aged 90 years, and he is in need of the money that is deposited before the trial court. 4. The appeal was filed in the year 2023. The respondent entered appearance, and the service is declared as complete. Taking note of the fact that the 1st respondent is aged 90 years, and he is the 1st defendant in the suit, this original petition is disposed of, directing the District Court, Thodupuzha, to take up A.S.No.54 of 2023 and dispose of the same, within a period of three months from the date of receipt of a copy of the judgment. Till such time, the order dated 5 O.P.(C) NO.181 OF 2025 2025:KER:25000 15.01.2025 in I.A.No.5 of 2024 in O.S.No.186 of 2018 (Ext.P8), will stand stayed. Sd/- BASANT BALAJI, JUDGE ss 6 O.P.(C) NO.181 OF 2025 2025:KER:25000 APPENDIX OF OP(C) 181/2025 PETITIONER EXHIBITS Exhibit p1 TRUE COPY OF THE JUDGMENT IN O S NO. 186 OF 2018 DATED 14.11.2023 ON THE FILE OF THE MUNSIFF COURT, THODUPUZHA Exhibit P2 TRUE COPY OF THE APPEAL MEMORANDUM IN A S NO. 54 OF 2023 FILED DATED 13.12.2023 BEFORE THE DISTRICT COURT, THODUPUZHA Exhibit P3 TRUE COPY OF I A NO. 2 OF 2023 IN A S NO. 54 OF 2023 DATED 13.12.2023 ON THE FILE OF THE DISTRICT COURT, THODUPUZHA Exhibit P4 TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT HEREIN IN I A NO. 2 OF 2023 IN A S NO. 54 OF 2023 ON THE FILE OF THE DISTRICT COURT, THODUPUZHA FILED DATED 07.09.2024 Exhibit P5 TRUE COPY OF THE I A NO. 5 OF 2024 IN O S NO. 186 OF 2018 FILED DATED 03.01.2024 ON THE FILE OF THE MUNSIFF COURT, THODUPUZHA Exhibit P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN TO EXT P5 DATED 23.07.2024 Exhibit P7 TRUE COPY OF THE ORDER PASSED BY THE MUNSIFF COURT, THODUPUZHA IN I A NO. 5 OF 2024 IN O S NO. 186 OF 2018 DATED 15.01.2025