1 O.P.(C) NO.736 OF 2025 2025:KER:26881 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 O.P.(C) NO.736 OF 2025 (AGAINST THE ORDER/JUDGMENT IN OS NO.72 OF 2023 OF MUNSIFF COURT, PAYYANNUR) PETITIONER/PLAINTIFF: 1 AMBUJAKSHAN, AGED 54 YEARS, SON OF KUNHIRAMAN, CHIRAMMAL HOUSE, CHERUTHAZHAM, P.O SREESTHA, PAYYANUR TALUK, KANNUR DISTRICT, PIN – 670 351 2 SURESH K, AGED 54 YEARS, S/O.AMBU, RESIDING AT PERINTHATTA AMSOM DESOM, PORAKKUNNU P.O, PAYYANUR TALUK, KANNUR DISTRICT, PIN – 670 351 BY ADVS. C.MURALIKRISHNAN (PAYYANUR) V.ROHITH RESPONDENT/DEFENDANT: NIRMAN UNIT OF KANNUR BUILDING MATERIAL (MARKETTING) CO-OP SOCIETY LTD C -1741, REP BY ITS PRESIDENT, HAVING REGD OFFICE AT PAPPINISSERY, P.O PAPPINISSERY, KANNUR DISTRICT, PIN – 670 561 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.3.2025, THE COURT ON 28.03.2025 DELIVERED THE FOLLOWING: 2 O.P.(C) NO.736 OF 2025 2025:KER:26881 JUDGMENT (Dated: 28th March, 2025) The petitioners are the plaintiffs in O.S.No.72 of 2023 on the files of the Munsiff Court, Payyannur, filed for a decree of permanent prohibitory injunction restraining the defendantS from trespassing into the plaint schedule property or committing any act of waste in the property. Along with the suit, I.A.No.2 of 2023 was filed seeking an interim injunction, and it was allowed by the court on 12.04.2023. Alleging violation of the order, I.A.No.7 of 2025 is filed under Order 39 Rule 2A read with 151 CPC. 2. Respondent filed objection to the said I.A. The petitioners' prayer in this original petition is to direct the learned Munsiff to take up Ext.P3 and dispose of the same within a time frame. 3. A report was called for, and the report dated 26.03.22025 Is received, wherein it is stated that I.A.No.7 of 2025 in O.S.No.72 of 2023 was posted several times, and the defendant has filed counter 3 O.P.(C) NO.736 OF 2025 2025:KER:26881 on 06.03.2025, and now the same is posted for hearing on 03.04.2025. 4. Heard counsel on either side. Taking into consideration the facts and circumstances of the case and the report received, I deem it appropriate to dispose of this original petition, directing the Munsiff Court, Payyannur, to take up I.A.No.7 of 2025 and dispose of the same within two months from the date of re-opening of the court after summer vacation. Sd/- BASANT BALAJI, JUDGE ss 4 O.P.(C) NO.736 OF 2025 2025:KER:26881 APPENDIX OF OP(C) 736/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S NO 72 OF 2023 ON THE MUNSIFF‘S COURT, PAYYANNUR Exhibit P2 A TRUE COPY OF THE ORDER OF TEMPORARY INJUNCTION PASSED BY THE MUNSIFF COURT PAYYANNUR IN I.A NO 2 OF 2023 IN O.S NO 72 OF 2023 Exhibit P3 A TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A NO 7 OF 2025 IN O.S NO 72 OF 2023 FILED BY PETITIONER BEFORE MUNSIFF COURT PAYYANNUR Exhibit P4 A TRUE COPY OF THE COUNTER STATEMENT FILED BY THE DEFENDANT / RESPONDENT IN I.A NO 7 OF 2025 IN O.S NO 2 OF 2023