IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP(C) NO. 719 OF 2025 OS NO.441 OF 2024 OF MUNSIFF COURT, KARUNAGAPPALLY PETITIONER/PLAINTIFF: SADASHIVAN PILLAI AGED 73 YEARS S/O KUNJAN PILLA, MUZHANJODI MURI, KALLELIBHAGOM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM, PIN - 690518 BY ADVS. M.R.SASITH R.K.CHIRUTHA ANJANA SURESH.E REETHU JACOB LIDHIYA GEORGE HASNA JABIL RESPONDENTS/DEFENDANTS: 1 RANADEVE AGED 46 YEARS S/O BHASKARAN, RANADIVE BHAVAN, MUZHANGODI MURI, KALLELIBHAGAM VILLAGE KARUNAKAPALLY TALUK, KOLLAM, PIN - 690518 2 HOCHMINE AGED 49 YEARS S/O BHASKARAN, CHAKKALATHEKKATHIL HOUSE, MUZHANGODI MURI, KALLELIBHAGAM VILLAGE KARUNAKAPALLY TALUK, KOLLAM, PIN - 690518 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 719/2025 -2- 2025:KER:28603 JUDGMENT (Dated this the 27 th day of March, 2025) The original petition has been filed seeking the following reliefs: i) To issue an order or direction directing the Hon’ble Munsiff Court, Karunagappally to speedily dispose of Exhibit-P1,O.S. No 441/2024 pending before the same court within a specific time limit fixed by this Hon’ble court in a fast and expeditious manner in the interest of justice. ii) To issue an order or direction directing the Hon’ble Munsiff Court, Karunagappally to speedily dispose of Exhibit- P2,I.A.No. 04/2024 in O.S.No.441/2024 pending before the same court within a specific time limit fixed by this Hon’ble court in a fast and expeditious manner in the interest of justice 2. The petitioner is the plaintiff and the respondents are the defendants in OS No. 441/2024 on the files of the Munsiff Court, Karunagappally. The petitioner filed the above suit to measure the ‘D’ schedule property and fix the boundary and for permanent prohibitory injunction from obstructing the passage/transportation of the plaintiff through ‘D’ schedule property and also for mandatory injunction to remove the wall constructed in ‘D’ scheduled property by the respondents. Thereafter, the OPC 719/2025 -3- 2025:KER:28603 respondents filed a petition under order XIV Rule 1(4)(b) & order 2 Rule 2(2) of Code of Civil Procedure, 1908, challenging the maintainability of the above suit, as IA No.4/2025. 3. A report was called for regarding the present status of IA No.4/2025, and a report dated 19.03.2025 is received from the Munsiff Court, Karunagappally, wherein it is stated that the said IA was filed on 09.01.2025. Thereafter, the plaintiff filed objection, and now the case is posted to 22.05.2025 for hearing IA. The Munsiff requested 30 days time to dispose of IA No.4/2025, excluding the summer vacation. Considering the request of the Munsiff, Karunagappally, I dispose of this Original petition with a direction to the Munsiff Court, Karunagappally, to dispose of Ext.P2, IA No.4/2025, within a period of one month after the summer vacation. Sd/- BASANT BALAJI JUDGE JS OPC 719/2025 -4- 2025:KER:28603 APPENDIX OF OP(C) 719/2025 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE PLAINT IN O.S.NO. 441/2024 ON THE FILES OF THE HON’BLE MUNSIFF COURT AT KARUNAGAPPALLY. Exhibit-P2 THE TRUE COPY OF THE I.A.NO. 04/2024 IN O.S.NO.441/2024 FILED BY THE RESPONDENTS BEFORE THE HON’BLE MUNSIFF COURT, KARUNAGAPPALLY.