OP(C) NO. 555 OF 2025 1 2025:KER:30270 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 OP(C) NO. 555 OF 2025 AGAINST THE ORDER/JUDGMENT IN IA NO.8 OF 2025 OF MUSNIFF COURT,ADOOR PETITIONER: SARASAMMA AGED 55 YEARS D/O KUTTAPPAN, PARANTHAL CHIRAYIL VEEDU, PERIMPULICKAL, PANDALAMTHEKKEKARA VILLAGE, ADOOR TALUK, PARANTHAL.P.O. PATHANAMTHITTA DISTRICT, PIN - 689501 BY ADVS. K.K.SETHUKUMAR SARITHA G.R. SREEKRISHNADATH PANDARATHIL E.K. R.RAHUL NISHA MATHEW MEENAKSHY V.S. PREETHY K. RESPONDENTS: 1 SREE ANNAPOORNESWARI TEMPLE CHARUVILA VEEDU, YEARS, PRESIDENT, SREE ANNAPOORNESWARI TEMPLE, PERIMPULICKAL, PANDALAMTHEKKEKARA VILLAGE, ADOOR TALUK, PARANTHAL.P.O. PATHANAMTHITTA DISTRICT, PIN - 689501 2 C.B.SAJIKUMAR AGED 42 YEARS CHARUVILA VEEDU,PRESIDENT, SREE ANNAPOORNESWARI TEMPLE, PERIMPULICKAL, PANDALAMTHEKKEKARA VILLAGE, ADOOR TALUK, PARANTHAL.P.O. PATHANAMTHITTA DISTRICT, PIN - 689501 OP(C) NO. 555 OF 2025 2 2025:KER:30270 3 G.RAMESH AGED 55 YEARS RAMESH BHAVANAM SECRETARY, SREE ANNAPOORNESWARI TEMPLE, PERIMPULICKAL, PANDALAMTHEKKEKARA VILLAGE, ADOOR TALUK, MANNAMNAGAR.P.O. PATHANAMTHITTA DISTRICT, PIN - 689501 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 555 OF 2025 3 2025:KER:30270 JUDGMENT (Dated this the 8th day of April, 2025) The original petition is filed for a direction to the Munisff Court, Adoor, to dispose of IA 8 of 2025 and 9 of 2025 within a time frame. 2. The suit is filed for declaration of easement right by prescription for the ingress and egress through the plaint schedule property. Along with the suit, an application is filed as IA No.1 of 2024. An ex parte temporary injunction was passed by the learned Munsiff Court. 3. Thereafter there was encroachment, tress pass, and obstruction, and I.A No.8 and I.A No.9 of 2025 in OS No.328 of 2024 are filed for amending the plaint and for a mandatory injunction to remove the obstruction. The grievance of the petitioner is because of the non-disposal of I.A 8 and 9 of 2025. 4. A report was called for, and a report was received as to the present stage of IA Nos.8 and 9 of 2025, it is stated that both petitions were posted for hearing on 04.04.2025 and it was partly heard and posted for further hearing on OP(C) NO. 555 OF 2025 4 2025:KER:30270 11.04.2025. Therefore, this original petition is disposed of, directing the Munsiff Court, Adoor, to dispose of the I.A Nos.8 and 9 of 2025 on the next posting itself. The Original Petition is disposed of as above. Sd/- BASANT BALAJI, JUDGE saap OP(C) NO. 555 OF 2025 5 2025:KER:30270 APPENDIX OF OP(C) 555/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS 328/2024 ON THE FILE OF THE MUNSIFF’S COURT ADOOR Exhibit P2 TRUE COPY OF THE TAX RECEIPT NO.KL03011406813/2024 DATED 09/08/2024 Exhibit P3 ORIGINAL PHOTOGRAPHS SHOWS THE OBSTRUCTION Exhibit P4 TRUE COPY OF IA NO.8/2025 IN OS NO.328/2024 Exhibit P5 TRUE COPY OF IA NO. 9/2025 IN OS NO.328/2024