IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 OP(C) NO. 296 OF 2025 AGAINST AS NO.72 OF 2021 OF DISTRICT COURT & SESSIONS COURT, KOTTAYAM IN OS NO.217 OF 2018 OF MUNSIFF COURT, CHANGANACHERRY PETITIONER/RESPONDENT: M.S SHAJI AGED 52 YEARS S/O SAYED MUHAMMED, RESIDING AT ALUNKAL HOUSE, PERUNNA EAST MURI, CHANGANACHERRY VILLAGE, CHANGANACHERRY P.O, KOTTAYAM DISTRICT, PIN - 686101 BY ADVS. K.S.PRENJITH KUMAR BEA MARY BENNY RESPONDENT/APPELLANT: DR. GEORGE CHERIAN S/O CHERIAN, AT KALLAMPARAMBIL HOUSE, KURUMPANADAM MURI, MADAPPALLY VILLAGE, PERUMPANACHI P.O, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686536 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 296/2025 -2- - 2025:KER:25138 JUDGMENT (Dated this the 21st day of March, 2025) The petitioner herein is the respondent in AS Nos. 72 of 2021 and 73 of 2021 on the files of the Additional District & Sessions Court – IV, Kottayam. The appeals are filed against a common judgment and decree dated 12.08.2021 in OS Nos. 75 of 2017 and 217 of 2018 of the Munsiff’s Court, Changanacheny. O.S. No. 75 of 2017 was filed by the petitioner herein for declaration and use and occupation charges, and O.S. No.217 of 2018 was filed by the respondent herein for permanent prohibitory injunction. By a common judgment dated 12.08.2021, O.S. 217 of 2018 filed by the respondent herein was dismissed, and O.S. 75 of 2017 filed by the petitioner was decreed. The respondent herein was directed to vacate the plaint schedule room within a period of two months and also pay Rs.4,000/- as damages for use and occupation of the plaint schedule room from 02.08.2016 till the OPC 296/2025 -3- - 2025:KER:25138 vacant possession is given. 2. The grievance of the petitioner is that though the appeal was filed as early as in 2021 and posted many times, it is not finally disposed of. Since the suit is one for eviction and to obtain the vacant possession to conduct an Ayurvedic clinic for his daughter, the disposals of the appeals as early as possible is highly necessary. Therefore, seeks a direction to dispose of the same. 3. A report was called for, and a report dated 19.02.2025 is received, wherein it is stated that the appeals were heard in part, and now the appeals are posted for further hearing to 06.03.2025. As the Judge is engaged in other old cases, the present appeals could not be considered. 4. Having heard the counsel for the petitioner and taking note of the report of the Addl. District & Sessions Judge-IV, Kottayam, I deem it appropriate to direct the Trial Court to take up AS Nos. 72 of 2021 and 73 of 2021 and OPC 296/2025 -4- - 2025:KER:25138 dispose of the same within a period of three months from the date of receipt of a copy of this judgment. The original petition is disposed of. Sd/- BASANT BALAJI JUDGE JS OPC 296/2025 -5- - 2025:KER:25138 APPENDIX OF OP(C) 296/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE COMMON JUDGMENT DATED 12.08.2021 IN OS NOS. 217 OF 2018 AND OS 75 OF 2017 OF THE MUNSIFF’S COURT, CHANGANACHERRY Exhibit P2 A TRUE COPY OF AS NO. 72 OF 2021 FILED BY RESPONDENT HEREIN Exhibit P3 A TRUE COPY AS NO. 73 OF 2021 FILED BY THE RESPONDENT HEREIN Exhibit P4 THE POSTING DETAILS OF AS 72 OF 2021 ON THE FILES OF LD. ADDITIONAL DISTRICT & SESSIONS COURT-IV, KOTTAYAM