IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP(C) NO. 562 OF 2025 OS NO.56 OF 2023 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, KARUNAGAPPALLY PETITIONER/PLAINTIFF: ASHA AGED 38 YEARS W/O PRADEEP, RESIDING AT PRANAVAMVEEDU, CHATHANKARIMURI, PERINGARA VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689108 BY ADVS. BASIL CHANDY VAVACHAN CHARUTHA BHAIJU CHANDHANA BHAIJU BASIL SAJAN FATHIM NAVAS KAVYA RANI JAYAPRAKASH LEKSHMI PRIYA V. ANJANA V. AKSHAY SHIBU BASIL SCARIA MUHAMMED SHUHAIB A.S. RESPONDENTS/DEFENDANT NO.1 AND 2: 1 SYAMKUMAR AGED 43 YEARS S/O THATHWAPRAKASH, KASHMEERAMVEEDU, THEKKANMYNAGAPPALLYMURI, MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, KOLLAM, PIN - 690519 2 VENUGOPAL AGED 52 YEARS S/O FATHER’S NAME NOT KNOWN TO THE PETITIONER, KESHAVASADANAM, THEKKANMYNAGAPPALLYMURI, OPC 562/2025 -2- 2025:KER:26514 MYNAGAPPALLY VILLAGE, KUNNATHOOR TALUK, KOLLAM, PIN - 690519 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 562/2025 -3- 2025:KER:26514 JUDGMENT (Dated this the 25 th day of March, 2025) The original petition is filed for a direction to the Sub Court, Karunagappally, to dispose of OS No.56/2023 expeditiously within a stipulated time. The petitioner is the plaintiff, and the respondent nos. 1 and 2 are the defendants nos. 1 and 2 in the OS. No.56/2023. The suit is filed for realization of money and for injunction. 2. A report was called for, and a report dated 14.03.2025 from the Civil Judge (Sr. Division), Karunagappally, is received, wherein it is stated that IA. No.02/23 was filed by the plaintiff for conditional attachment of plaint A schedule property and the same was allowed on 22.12.2023. The defendants filed IA.05/24 for accepting plaint C schedule property as security & sought for the lifting of the conditional attachment of plaint A schedule property. After hearing both sides, the same was allowed on 29.02.2024 and the conditional attachment order as against plaint schedule property was lifted, OPC 562/2025 -4- 2025:KER:26514 and plaint C schedule property was accepted as security. In the meanwhile, the order in IA No.5/2024 was set aside, and it was ordered that the conditional attachment order in IA.02/23 will continue. Now defendants filed IA.10/24 to accept plaint C schedule property as security after converting the said property as garden land and prayed for lifting the conditional attachment of plaint A schedule property. The plaintiff filed objection to IA.10/24 and the same is posted for hearing to 05.04.2025. Considering the pendency of the cases in the Sub Court, the Civil Judge (Sr. Division) requested six months' time after the summer vacation to dispose of OS No.56/2023. Taking into consideration the facts and circumstances of the case and the report dated 14.03.2025, I dispose of this original petition directing the Sub Court, Karunagappally, to dispose of OS No.56/2023, within a period of six months after the summer vacation. Sd/- BASANT BALAJI JUDGE JS OPC 562/2025 -5- 2025:KER:26514 APPENDIX OF OP(C) 562/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF PLAINT IN OS NO.56/2023 DATE 21-12-2023 Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT DATED 23/03/2024 Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 15/07/2024 IN F.A.O NO. 44/2024 Exhibit P4 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER HEREIN IN I. A NO. 10/24 Exhibit P5 THE TRUE COPY OF IA NO. 10/2024 FILED BY THE RESPONDENTS