IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 OP(C) NO. 619 OF 2025 IA NO.4/2025 & 5/2025 IN OS NO.7 OF 2025 OF PRINCIPAL MUNSIFF, ALAPPUZHA PETITIONERS/PETITIONERS/DEFENDANTS: 1 BINDU PRADEEP AGED 56 YEARS D/O. LATE UNNIKRISHNAN NAIR, KARTHIKA, KALARCODE, ALAPPUZHA, PIN - 688003 2 PRADEEP KUMAR AGED 66 YEARS /O. KRISHNA PILLAI, KARTHIKA, KALARCODE, ALAPPUZHA, PIN - 688003 BY ADVS. B.PRAMOD ATHUL M.V. AJAY S. KOSHY RESPONDENT/RESPONDENT/PLAINTIFF: JAYAKUMARA KURUP G AGED 53 YEARS S/O. GOPALAKRISHNA KURUP, MANJUSHA, CHATHANADU, ALAPPUZHA, PIN - 688001 BY ADVS. S.RENJITH P.K.SREEVALSAKRISHNAN(K/581/2005) S.UNNIKRISHNAN (NELLAD)(K/211/2006) K.R.PRATHISH(K/174/2013) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 619/2025 -2- 2025:KER:27558 JUDGMENT (Dated this the 28 th day of March, 2025) The original petition is filed for a direction to the Principal Munsiff's Court, Alappuzha, to dispose of IA Nos.4/2025 and 5/2025 in OS No.7/2025, within a time frame. 2. It is submitted by the counsel for the petitioners that IA No.4/2025 is already allowed, and IA No.5/2025 is posted today for hearing. IA No.5/2025 is an application filed for restoration of status quo ante by removing the gate erected as well as the gravel spread on the property. The said application was filed on 25.02.2025. Since the relief sought is only for a direction for disposal of IA No.5/2025, I deem it appropriate to direct the Munsiff Court, Alappuzha, to take up IA No.5/2025 in OS No.7/2025 and dispose of the same before closing of the OPC 619/2025 -3- 2025:KER:27558 court for summer vacation, if not, as expeditiously as possible. The original petition is disposed of. Sd/- BASANT BALAJI JUDGE JS OPC 619/2025 -4- 2025:KER:27558 APPENDIX OF OP(C) 619/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT DATED 03.01.2025 IN O. S. NO. 7/2025 ON THE FILE OF THE PRINCIPAL MUNSIFF’S COURT, ALAPPUZHA Exhibit P2 A TRUE COPY OF THE I. A. NO. 1/2025 IN O. S. NO. 7/2025 ON THE FILE OF THE PRINCIPAL MUNSIFF’S COURT, ALAPPUZHA DATED 03.01.2025 Exhibit P3 A TRUE COPY OF THE OBJECTION DATED 24.02.2025 I. A. NO. 1/2025 IN O. S. NO. 7/2025 ON THE FILE OF THE PRINCIPAL MUNSIFF’S COURT, ALAPPUZHA Exhibit P4 A TRUE COPY OF THE COMMISSION REPORT DATED NIL Exhibit P5 PHOTOGRAPHS OF THE DEMOLISHED PORTION OF THE WESTERN BOUNDARY WALL OF THE PETITIONERS’ PROPERTY AND THE GATE ERECTED THEREON BY THE RESPONDENT Exhibit P6 PHOTOGRAPHS OF THE ROAD FORMED ON THE NORTHERN SIDE OF THE PETITIONERS’ PROPERTY BY SPREADING GRAVEL Exhibit P7 A TRUE COPY OF THE I.A. NO. 4/2025 IN O. S. NO. 7/2025 DATED 24.02.2025 Exhibit P8 A TRUE COPY OF THE I.A NO. 5/2025 IN O. S. NO. 7/2025 DATED 24.02.2025 Exhibit P9 A TRUE COPY OF THE STATUS OF O. S. NO. 7/2025 OF PRINCIPAL MUNSIFF’S COURT, ALAPPUZHA UPLOADED IN THE E-COURT WEBSITE