IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 OP(C) NO. 655 OF 2025 OS NO.147 OF 2022 OF MUNSIFF COURT, KARUNAGAPPALLY PETITIONERS/DEFENDANTS 1 AND 3: 1 ABDUL VAHAB AGED 70 YEARS S/O MYTHEEN KUNJU, KUNNUMKADA VEEDU, KATTIKADAVU P.O., ADHINAD THEKKUM MURI, ADHINAD VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690542 2 JUMAILATH AGED 65 YEARS W/O ABDUL VAHAB, KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN - 690542 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE JEENA A.V. THOMAS THOMAS ARJUN R. RAGESH R. RESPONDENTS/PLAINTIFF AND DEFENDANT 2 AND 4 TO 13: 1 BASHEERKUTTY AGED 72 YEARS S/O MYTHEEN KUNJU, KUNNUMKADA VEEDU, KATTILKADAVU (PO), ADHINAD SOUTH MURI, ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT - 690542., NOW RESIDING AT MUBARAK OPC 655/2025 -2- 2025:KER:26492 MANZIL, KATTILKADAVU (PO), ADHINAD SOUTH MURI, ADHINAD VILLAGE, KARUNAGAPALLY TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MUBARAK B, S/O.BASHEERKUTTY, AGED 33 YEARS, KUNNUMKADA VEEDU, KATTILKADAVU (PO), ADHINAD SOUTH MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPALLY TALUK, NOW RESIDING AT MUBARAK MANZIL, KAATTIKADAVU POST, ADINAD THEKKE MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, PIN - 690542 2 ABDUL SALEEM AGED 65 YEARS S/O.MYTHEEN KUNJU, RESIDING AT KUNNUMKADA VEEDU, KAATTIKADAVU POST, ADINADU THEKKU MURI, ADINADU VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690542 3 JAMEELA BEEVI AGED 75 YEARS W/O.JALEEL RAWTHER, KUNNUMKADA VEEDU, ADINADU THEKKU MURI, ADINADU VILLAGE, KARUNAGAPPALLY TALUK, NOW RESIDING AT KALLUR KIZHEKKETHIL VEEDU, THAMARAKKULAM MURI, THAMARAKKULAM VILLAGE, KOLLAM DISTRICT, PIN - 690530 4 SAFIYA BEEVI AGED 72 YEARS W/O.SHOUKATHALI, KUNNUMKADA VEEDU, ADINADU THEKKU MURI, ADINADU VILLAGE, KARUNAGAPPALLY TALUK NOW RESIDING AT DEEPTHI, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691601 5 ABDUL RAZAK @ SHEKH KUNJU AGED 81 YEARS S/O.AIDROSE KUNJU, CHERUCHITTANKARA VEEDU, KANNAMBALLI BHAGHOM MURI, KEERIKKODE VILLAGE, THODUPUZHA, PIN - 685586 6 NADEERA BEEVI, AGED 52 YEARS OPC 655/2025 -3- 2025:KER:26492 D/O.MYTHEEN KUNJU, KAANJICKAL PADINJATTETHIL VEEDU, ADINADU SOUTH MURI, ADINADU VILLAGE, NOW RESIDING AT NEDUMPURAKKAL HOUSE, KOTTAYAM WEST POST, KOTTAYAM DISTRICT, PIN - 686003 7 SHOUKATH S/O.HAMEED RAWTHER, RESIDING AT SHAMEER MANZIL, CHUNAKKARA POST, CHUNAKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA, PIN - 690534 8 NOORJAHAN AGED 59 YEARS W/O.SHOUKATHALI, KUNNUMKADA VEEDU, ADINADU THEKKU MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, NOW RESIDING AT SHAMEER MANZIL, CHUNAKKARA POST, CHUNAKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA, PIN - 690534 9 ABDUL SALEEM AGED 58 YEARS S/O.MOHAMMED KUNJU, RESIDING AT KOCHUVEETTIL KIZHEKKETHIL, KAATTIL KADAVU POST, ADINADU THEKKU MURI, ADINADU VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690542 0 IRSHAD BASHEER AGED 33 YEARS S/O.ABDUL BASHEER, PAINGAKULAM MANZIL, KAATTILKADAVU POST, ADINADU SOUTH MURI, ADINADU VILLAGE, KOLLAM DISTRICT, PIN - 690542 11 SAUMYA S AGED 26 YEARS W/O.IRSHAD BASHEER, PAINGAKULAM MANZIL, KAATTILKADAVU POST, ADINADU SOUTH MURI, ADINADU VILLAGE, KOLLAM DISTRICT, PIN - 690542 12 SHAJAHAN AGED 54 YEARS S/O.ALIYARU KUNJU, VALANTHARA KIZHEKKETHIL, KARUNAGAPPALLY POST, PADANAYARKULANGARA NORTH OPC 655/2025 -4- 2025:KER:26492 MURI, KARUNAGAPPALLY VILLAGE, KOLLAM, PIN - 690518 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 655/2025 -5- 2025:KER:26492 JUDGMENT (Dated this the 21 st day of March, 2025) The original petition is filed for a direction to the Munsiff Court, Karunagappally, to dispose of OS No.147/2022 within a time frame. The suit is one for setting aside the sale deeds, declaring 1/3 right of the plaintiffs over the schedule properties and for partition and separate possession of plaint scheduled properties, recovery of gains/ income from property, recovery of possession and injunction. 2. The petitioners are the defendants 1 and 3 in O.S.No. 147/2022, and the respondents are the plaintiff, defendants 2, 4 to 13 respectively in the said suit. The petitioners are aggrieved by the delay in disposing of the suit. 3. A report was called for, and a report dated 20.03.2025 is received, wherein it is stated that on receipt of summons, defendants No.1, 2, 3, 5, 8 & 9 appeared before OPC 655/2025 -6- 2025:KER:26492 the court and they filed written statement. Defendants No.6 reported to be no more, and subsequently legal heirs of 6 th defendant impleaded as additional defendants 13 & 14. Issues were framed and the case is posted for pre-trial steps. The plaintiff in O.S.217/2017 has filed a joint trial petition as IA.02/2023 for the joint trial of this case along with OS.410/17 and O.S.217/2017 and on 16.08.2023, the above mentioned joint trial petition was allowed considering O.S.217/17 as the leading case. Subsequently on 28.11.2024 the plaintiff in this case filed IA.10/2024 to separate this case from the joint trial and to conduct trial separately. First defendant filed objection to this IA and the case is posted for hearing IA.10/2024 to 26.03.2025 along with connected cases. The Munsiff requested six months' time for disposal of the case after completion of pre-trial steps. Taking note of the facts and circumstances of the case and the report of the Munsiff, I dispose of this original OPC 655/2025 -7- 2025:KER:26492 petition, directing the Munsiff Court, Karunagappally, to dispose of OS No.147/2022, within a period of six months after completion of pre-trial steps. Sd/- BASANT BALAJI JUDGE JS OPC 655/2025 -8- 2025:KER:26492 APPENDIX OF OP(C) 655/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO. 147/2022 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 147/2022 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY FILED BY DEFENDANTS 1, 3, 8 AND 9 Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 147/2022 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY, FILED BY THE 5TH RESPONDENT