IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 OP(C) NO. 580 OF 2025 IA NO.7/2025 IN OS NO.25 OF 2025 OF MUNSIFF COURT, NORTH PARAVUR PETITIONERS/PETITIONERS/PLAINTIFFS: 1 MURALIKRISHNA N AGED 48 YEARS S/O.NEELAKANDAN NAIR, MAHALAKSHMI, TC 40/144, KRISHNAVILASAM ROAD, THYCAUD VILLAGE, THIRUVANANTHAPAURAM TALUK, THIRUVANANATHAPURAM DISTRICT, PIN - 695014 2 SUVARNA KUMARI M A AGED 82 YEARS W/O.NEELAKANDAN NAIR, MAHALAKSHMI, TC 40/144, KRISHNAVILASAM ROAD, THYCAUD VILLAGE, THIRUVANANTHAPAURAM TALUK, THIRUVANANATHAPURAM DISTRICT, PIN - 695014 3 FEMIN K J AGED 40 YEARS S/O. JOHN K. A., KATTUPARAMBIL HOUSE, MADAPLATHURUTH KARA, MOOTHAKUNNAM VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN - 683516 4 NISSAR M T AGED 46 YEARS S/O. KUNJABDULLA HAJI, MEETHALE THIKKODIYANTE VEEDU, ORKKATTERI DESOM, ERAMALA VILLAGE, VADAKARA TALUK, KOZHIKKODE, PIN - 673501 5 SREEKANTH K M AGED 45 YEARS OPC 580/2025 -2- 2025:KER:25419 S/O.MILTON, KOTTATTU HOUSE, SREELAKSHMI NILAYAM, KARUMALLUR VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN - 683511 6 RESHMA P S AGED 35 YEARS D/O.SIVANANDAN, PADANNAKKATTUPARAMBIL, MANNAM KARA, PARAVUR VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN - 683520 BY ADVS. K.SHAJ T.P.RASHMY ARUN CHAND BEENA N.KARTHA GOPIKA GOPAL ARJUN T. PRADEEP RESPONDENTS/RESPONDENTS/DEFENDANTS: 1 RINODH AGED 37 YEARS S/O. ABDUL RAHMAN, KANIYAMPARAMBIL HOUSE, PARAVUTHARA, PARAVUR VILLAGE, PARAVUR, TALUK, ERNAKULAM, PIN - 683513 2 SAFNA K S AGED 34 YEARS W/O. RINODH, KANIYAMPARAMBIL HOUSE, PARAVUTHASRA, PARAVUR VILLAGE, PARAVUR TALUK, ERNAKULAM, PIN - 683513 3 R UMASHANKAR AGED 57 YEARS S/O. SARARAMMA, MOOLAYIL VEETTIL, VIJAYA BHAVAN, NASARATH TOWN LTD. ROAD, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM, PIN - 683101 OPC 580/2025 -3- 2025:KER:25419 4 VIJAYALAKSHMI ALIAS R VIJAYALAKSMI MENON AGED 52 YEARS /O. DILIP KUMAR, MOOLAYIL VEETTIL, VIJAYA BHAVAN, NASARATH TOWN LTD. ROAD, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM, PIN 683101, NOW RESIDING IN MALAKKAL HOUSE, EAST HILL ROAD, KARAPARAMBU P.O., KOZHIKKODE, PIN - 673010 5 VILLAGE OFFICER, PARAVUR VILLAGE OFFICE REPRESENTED BY GOVERNMENT PLEADER,HIGH COURT OF KERALA, PIN - 682031 BY ADVS. Vinod Bhat S LAKSHMI VARADA V. P. Anoop Krishna ANAGHA LAKSHMY RAMAN(K/000767/2015) V.NAMITHA(K/1090/2011) GITANJALI SADAN PILLAI(K/004306/2024) V.A.PRADEEP KUMAR(P-273) ARUNIMA G.(K/000146/2020) OTHER PRESENT: GP SRI. S. UNNIKRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 580/2025 -4- 2025:KER:25419 JUDGMENT (Dated this the 20th day of March, 2025) The petitioners herein are the plaintiffs in OS No. 25/2025 of the Munsiff’s Court, North Paravur. The suit is filed for the demarcation of the boundaries of the properties of the petitioners. Along with the suit, an injunction application has been filed as IA No.4/2025 and an ex parte injunction order has been passed as Ext.P5, restraining the defendants from trespassing into the properties listed in schedules B, C and D and from making any constructions on the property described in schedule E, until further orders. In the meanwhile, the petitioners filed IA No.7/2025 for the appointment of an expert commissioner for conducting survey as Ext.P6 on 01.03.2025. The respondents 1 and 2 have made an undertaking before the court as Ext.P7 as if any portion of the building constructed in 'E' schedule is found encroaching into the plaint A schedule on survey measurement, they shall OPC 580/2025 -5- 2025:KER:25419 dismantle, and prayed for modification of the injunction order to enable further construction in plaint E schedule on the above undertaking. 2. The present original petition is filed for a direction to the Munsiff Court, North Paravur, to keep in abeyance Ext.P7 undertaking till the disposal of Ext.P6 commission application. 3. The counsel for the respondents submits that there is already an injunction order against the defendants restraining them from trespassing into the properties and making any constructions on the property. Though respondents 1 and 2 filed an undertaking before the Trial Court, the Court has not allowed them to make any constructions. Taking into consideration the fact that an injunction order is passed against the respondents, and an application for appointment of an expert commission is pending as Ext.P6, I deem it appropriate to dispose of this original petition, with a OPC 580/2025 -6- 2025:KER:25419 direction to the Trial Court to pass orders on Ext.P6. In the meanwhile, the application filed to vacate or modify the injunction order shall also be considered. The orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. The original petition is disposed of. Sd/- BASANT BALAJI JUDGE JS OPC 580/2025 -7- 2025:KER:25419 APPENDIX OF OP(C) 580/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN OS NO.25/2025 BEFORE THE MUNSIFF COURT, NORTH PARAVUR Exhibit P2 THE TRUE COPY OF THE PLAINT IN OS 173/2022 BEFORE THE MUNSIFF COURT, NORTH PARAVUR DATED 02/04/2022 Exhibit P3 THE TRUE COPY OF THE INJUNCTION PETITION IA NO.4/2025 IN OS NO.25/2025 BEFORE THE HON’BLE MUNSIFF COURT, NORTH PARAVUR Exhibit P4 THE TRUE COPY OF THE COUNTER FILED BY THE 1ST AND 2ND RESPONDENTS IN INJUNCTION PETITION IA NO.4/2025 IN OS NO.25/2025 BEFORE THE HON’BLE MUNSIFF COURT, NORTH PARAVUR Exhibit P5 THE TRUE COPY OF THE INJUNCTION ORDER IN I.A.NO.4/2025 IN OS NO.25/2025 OF MUNSIFF COURT, NORTH PARAVUR DATED, 24.01.2025 Exhibit P6 THE TRUE COPY OF THE EXPERT COMMISSION APPLICATION IN I.A.NO.7/2025 BEFORE THE MUNSIFF COURT NORTH PARAVUR Exhibit P7 THE TRUE COPY OF THE UNDERTAKING DATED 01/03/2025 FILED BY THE 1ST AND 2ND RESPONDENT THROUGH POA Exhibit P8 THE TRUE COPY OF THE REPLY AFFIDAVIT IN IA NO.4/2025 IN OS NO.25/2025 BEFORE THE MUNSIFF COURT NORTH PARAVUR DATED 01/03/2025 Exhibit P9 THE TRUE COPY OF THE COMMISSION REPORT IN IA NO.3/2025 IN OS NO.25/2025 BEFORE THE MUNSIFF COURT, NORTH PARAVUR