OP(C) NO. 757 OF 2025 1 2025:KER:29806 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(C) NO. 757 OF 2025 AGAINST THE ORDER/JUDGMENT IN AS NO.5 OF 2017 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, NEDUMANGAD PETITIONER: SUDHAKARAN NAIR AGED 69 YEARS S/O MADAVAN PILLAI, PRIYADARSINI, KERALATHITHYAPURAM, POWDIKONAM.P.O, THIRUVANANTHAPURAM, PIN - 695587 BY ADVS. R.SUNIL KUMAR A.SALINI LAL JINU P. BINU RESPONDENTS: 1 ANITHAKUMARI.L AGED 54 YEARS, D/O LALITHAMMA, RESIDING AT KRISHNAVILASAM, KARIYAM, POWDIKONAM.P.O, THIRUVANNATHAPURAM DISTRICT,, PIN - 695587 2 PRABHAKUMARI AGED 66, W/O BALAKRISHANA PILLAI RESIDING AT RESIDING AT GOKULAM, MARUTHOOR, PANTHPLAVE MURI, VATTAPARA VILLAGE, PIN - 695028 3 ABHILASH, AGED 43, S/O BALAKRISHANA PILLAI RESIDING AT GOKULAM, MARUTHOOR, PANTHPLAVE MURI, VATTAPARA VILLAGE, PIN - 695028 4 SURAJ OP(C) NO. 757 OF 2025 2 2025:KER:29806 AGED 40, S/O BALAKRISHNA PILINI RESIDING AT GOKULAM, MARUTHOOR, PANTHPLAVE MURI, VATTAPARA VILLAGE, PIN - 695028 5 ATHIRA AGED 31, D/O PRABHAKUMARI, RESIDING AT GOKULAM, MARUTHOOR, PANTHPLAVE MURI, VATTAPARA VILLAGE, PIN - 695028 6 KARAKULAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, KARAKULAMM THIRUVANTHAPURAM, PIN - 695524 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 757 OF 2025 3 2025:KER:29806 JUDGMENT (Dated this the 4th day of April, 2025) This original petition is filed for a direction to the Sub Court, Nedumangad, to dispose of AS No5 of 2017, as early as possible. 2. Petitioner is the 1st respondent in AS No.5 of 2017. The above case arose from OS No.17 of 2010, which was decreed by the Munsiff’s Court, Nedumangad. Petitioner as plaintiff filed the above suit for a decree declaring his exclusive right over plaint ‘B’ schedule pathway and also for restraining the defendants from making use of any portion of ‘B’ schedule or ‘C’ schedule property as a pathway, and for other reliefs. 3. A report was called for, and a report is received from the Civil Judge(Senior Division), Nedumangad, wherein it is stated that AS No.5 of 2017 in O.S.No.17 of 2010 was preferred on 14.02.2017. The 1st respondent and the 6th respondent entered appearance. In the proceedings dated 26.09.2018, no relief is sought in the appeal against the respondents 2 to 5. Since then, the appeal was posted for Trial Court records. The trial court records were received from the Munsiff Court, Nedumangad on OP(C) NO. 757 OF 2025 4 2025:KER:29806 21.02.2025. On that day, the matter was adjourned for hearing to 02.06.2025, as per the request of both parties. 4. Taking into consideration the said fact, I dispose of this original petition directing the Sub Court, Nedumangad, to take up AS No.5 of 2017 and dispose of the same after hearing both parties on or before 31.08.2025. The Original Petition is disposed of as above. Sd/- BASANT BALAJI, JUDGE saap OP(C) NO. 757 OF 2025 5 2025:KER:29806 APPENDIX OF OP(C) 757/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGEMENT IN OS 17/2010 WHICH WAS DECREED BY THE HONORABLE PRINCIPAL MUNICIPAL COURT NEDUMANGAD Exhibit P2 TRUE COPY OF THE APPEAL MEMORANDUM IN AS: NUMBER 5/2017 //True copy//PA to Judge