Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP(C) NO. 754 OF 2025 OS NO.77 OF 2017 OF MUNSIFF COURT, ALATHUR PETITIONERS/DEFENDANTS 2 TO 6 1 ALI AGED 59 YEARS S/O. SAITHUMUHAMMED RAWTHER, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY, PIN - 678683 2 AYSHA AGED 59 YEARS W/O LATE ABDULLA, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY, PIN - 678683 3 ILYAS AGED 41 YEARS S/O LATE ABDULLA, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY, PIN - 678683 4 SHABANA AGED 36 YEARS D/O LATE ABDULLA, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM, VADAKKENCHERY REPRESENTED BY POWER OF ATTORNEY HOLDER, MR. AFSAL AGED 30 YEARS S/O LATE ABDULLA, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY PIN-678 683, PIN - 678683 5 AFSAL AGED 30 YEARS RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY, PIN - 678683 BY ADVS. OPC 754/2025 -2- 2025:KER:28704 M.A.VAHEEDA BABU BABU KARUKAPADATH P.K.ABDUL RAHIMAN ARYA RAGHUNATH KARUKAPADATH WAZIM BABU P.LAKSHMI AYSHA E.M.
HASHIM K.M.
ABUASIL A.K.
HANIYA NAFIZA V.S.
MANU KRISHNA S.K.
M.I.INSAF MOOPPAN RISHI VINCENT RESPONDENT/PLAINTIFF:
ABBAS K.S /O SAITHU MUHAMMED RAWTHER, RESIDING AT KARIMKULAM HOUSE, MANIKAPPADAM, VADAKKENCHERY, PIN - 678683 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OPC 754/2025 -3- 2025:KER:28704 JUDGMENT (Dated this the 3 rd day of April, 2025)
This original petition has been filed for a direction to the Munsiff Court, Alathur, to dispose of OS No.77/2017 within a time frame. 2. The petitioners are the defendants 2 to 6, and the respondent is the plaintiff in O.S. No 77/2017 on the files of the Hon’ble Munsiff Court, Alathur. The suit was filed for fixation of the northern boundary of the plaint schedule property and for perpetual injunction. The defendants filed the written statement with counter-claim. As the suit is of the year 2017, the petitioners seek a speedy disposal. 3. A report was called for, and a report dated 28.03.2025 is received from the Munsiff Court, Alathur, wherein it is stated that even though the matter was referred for mediation, the same was not settled. The death of 1 st defendant was reported, and supplemental defendants 3 to 6
OPC 754/2025 -4- 2025:KER:28704 were impleaded on 05.10.2024. IA. No.918/2018 was allowed, and the commission report and plan dated 19.03.2018 were remitted on 18.10.2024.
The case is now posted to 05.06.2025 for the written statement of supplemental defendants 3, 4 and 6 and for repeated steps against the 5 th defendant and for the Commission report. The Munsiff requested four months' time after the completion of pre-trial steps to dispose of the suit. Taking into consideration the facts and circumstances of the case and considering the request of the Munsiff, I deem it appropriate to dispose of this original petition, with a direction to the Munsiff Court, Alathur, to dispose of OS No.77/2017, within a period of four months after completion of pre-trial steps. The original petition is dispose of. Sd/- BASANT BALAJI JUDGE JS
OPC 754/2025 -5- 2025:KER:28704 APPENDIX OF OP(C) 754/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT DATED 04/03/2017 IN OS NO. 77/2017 PRESENTED BEFORE THE HON’BLE MUNSIFF COURT, ALATHUR Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT DATED 16/08/2017 IN OS NO. 77/2017 PRESENTED BEFORE THE HON’BLE MUNSIFF COURT, ALATHUR Exhibit P3 A TRUE COPY OF THE COUNTER CLAIM DATED 28/07/2018 IN O.S. NO. 77/2017 FILED BY DEFENDANTS 1 AND 2 BEFORE THE HON’BLE MUNSIFF COURT, ALATHUR Exhibit P4 A TRUE COPY OF THE WRITTEN STATEMENT TO COUNTER CLAIM DATED 05/11/2018 IN OS NO. 77/2017 FILED BY THE PLANTIFF BEFORE THE HON’BLE MUNSIFF COURT, ALATHUR