OP(C) NO. 605 OF 2025 1 2025:KER:29590 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(C) NO. 605 OF 2025 AGAINST THE ORDER/JUDGMENT DATED 11.04.2024 IN OS NO.40 OF 2024 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, TIRUR PETITIONER: ALI HAJI AGED 65 YEARS MADAMBATH HOUSE, MELMURI AMSOM, KAREEKKAD DESOM, P.O KAREEKKAD, MALAPPURAM DISTRICT, PIN - 676553 BY ADVS. S.SUJIN NITA.N.S. T.N.GIRIJA B.BILWIN POOJA SURENDRAN RENU B RAJ. N.BHARAT RAJEESH.K.R. RESPONDENTS: 1 AMINAKUTTY W/O.ABDUL RASHEED, AGED 65 YEARS, KOLLETH, AYUVALAPPIL HOUSE, RENDATHANI P.O, MARAKKARA AMSOM DESOM, TIRUR TALUK, MALAPPURAM, PIN - 656710 2 PATHUMMU AGED 60 YEARS, W/O.ALI PALAPRA KOTTETH HOUSE, PANGUCHENDI P.O, MALAPPURAM, PIN - 679358 3 SAINABA AGED 55 YEARS, W/O. UNNEEN, PUTHUVALLY HOUSE, KAREKKAD P.O, MELMURI AMSOM, KAREKKAD DESOM, MALAPPURAM, PIN - OP(C) NO. 605 OF 2025 2 2025:KER:29590 676553 4 ABDUL KHADER AGED 50 YEARS, S/O.MUHAMMED KARINGAPARA HOUSE, TIRUR TALUK, MELMURI AMSOM, KAREKKAD DESOM, P.O KAREKKAD MALAPPURAM, PIN - 676553 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 605 OF 2025 3 2025:KER:29590 JUDGMENT Dated this the 4th day of April, 2025 The petitioner is one of the defendants in O.S.No.40 of 2024 on the files of Sub Court, Tirur. 2. The suit was filed by the plaintiff for partition of the plaint ‘B’ and ‘C’ schedule properties and for consequential reliefs. Along with the suit, the plaintiff filed IA No.2 of 2024, for an order of temporary injunction restraining the petitioners herein from doing any acts of waste. An objection was already filed to I.A.No.2 of 2024, but the same is not disposed of till today. Therefore, seeks for a direction to take up the said I.A and dispose of the same expeditiously. 3. A report was called for from the Sub Court, Tirur, and it is reported that there are 27 defendants in the suit, and on 07.01.2025, the contesting parties submitted that there is a chance for settlement and hence referred for mediation. Thereafter, in the mediation, the matter was not settled, and it was submitted that there is a chance for settlement, as out of court settlement is going on. Therefore, the suit is adjourned to 12.06.2025, along OP(C) NO. 605 OF 2025 4 2025:KER:29590 with the I.A.No.2 of 2024. 4. Therefore, taking into consideration that I.A.No.2 of 2024 is pending for the last six months and the case is now posted to 12.06.2025, this Court directs the court below to take up the said I.A and dispose of the same on or before 30.06.2025. This Original Petition (Civil) is disposed of as above. Sd/- BASANT BALAJI JUDGE saap OP(C) NO. 605 OF 2025 5 2025:KER:29590 APPENDIX OF OP(C) 605/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT O.S NO.40/2024 ON THE FILES OF THE SUB COURT, TIRUR IS PRODUCED AND MARKED AS EXHIBIT P1. Exhibit P2 TRUE COPY OF THE I.A NO. 2/2024 IN O.S NO.40/2024 ON THE FILES OF SUB COURT, TIRUR IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P2. Exhibit P3 TRUE COPY OF THE ORDER DATED 11/04/2024 IN I.A NO.2/2024 IN O.S NO.40/2024 ON THE FILES OF SUB COURT, TIRUR MARKED AS EXHIBIT P3. Exhibit P4 TRUE COPY OF THE COMMISSION REPORT ALONG WITH SKETCH IS PRODUCED AND MARKED AS EXHIBIT P4 Exhibit P5 TRUE COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER AGAINST EXT P4. //True copy//PA to Judge