1 O.P.(C) NO.799 OF 2025 2025:KER:24876 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 O.P.(C) NO.799 OF 2025 (AGAINST THE ORDER/JUDGMENT IN OS NO.90 OF 2024 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT, KOTTAYAM) PETITIONER/PETITIONER: G. PRAKASH, AGED 58 YEARS, S/O T R GOPIKUTTAN PILLAI, SREEKRISHNA VILASAM, NEERETTUPURAM P. O., THALAVADY, ALAPPUZHA, PIN – 689 571 BY ADVS. BRIJESH N.B. SAHLA NECHIYIL K.N.RANJITH BALAKRISHNAN N. NAVASREE A.M. AKHILA S. JISHNU A. ATHIRA PADMENDHU KARTHIKEYAN R. RESPONDENTS/RESPONDENTS: 1 VARGHESE DEVASIA, AGED 72 YEARS, S/O DEVASIA, AARUPARAYIL HOUSE, KURUMBANADAM P.O., MADAPALLY, CHANGANACHERY, KOTTAYAM, PIN – 686 536 2 JINSON MATHEW, S/O.K.M. CHACKO, PUTHUCHIRA HOUSE, KURUMBANADAM P.O, MADAPALLY, CHANGANACHERY, KOTTAYAM, PIN – 686 536 3 KOCHUMON, S/O.GOPALAKRISHNAN, PUTHUNILAM HOUSE, KURUMBANADAM P.O., MADAPALLY, CHANGANACHERY, KOTTAYAM, PIN – 686 536 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 O.P.(C) NO.799 OF 2025 2025:KER:24876 JUDGMENT (Dated: 24th March, 2025) The petitioner is the plaintiff in O.S.No.90 of 2024 on the files of the Sub Court, Kottayam. He filed this original petition to restrain the respondents from selling, transferring, or alienating the plaint schedule property or any part thereof during the pendency of the suit or to direct the respondents to maintain the status quo regarding the plaint schedule property. The suit was filed for recovery of an amount of Rs.50,60,000/- from the defendant with interest. 2. The case of the petitioner is that the respondents are trying to alienate the property, which was the subject matter of the suit, and if the same is done, it will cause irreparable injury to the plaintiff. Therefore, he approached this court. 3. The counsel for the petitioner submits that though an application is filed as I.A.No.3 of 2024 to restrain the defendants from 3 O.P.(C) NO.799 OF 2025 2025:KER:24876 selling, transferring, or alienating the plaint schedule property, the same is now posted to 20.05.2025. Therefore, he approached this court with the same prayer. When a petition is pending before the trial court in the original suit regarding the sale, transfer or alienation of the plaint schedule property, and the same is posted to 20.05.2025, only because no interim order is passed in the same, the plaintiff cannot rush to this court to seek a relief by way of an original petition under Article 227. Moreover, Article 227 gives general superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Therefore, the petitioner cannot invoke Article 227 in this case. Resultantly, this Original Petition (C) is dismissed. Sd/- BASANT BALAJI, JUDGE ss 4 O.P.(C) NO.799 OF 2025 2025:KER:24876 APPENDIX OF OP(C) 799/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE AGREEMENT DATED 30.03.2024 Exhibit P2 THE TRUE COPY OF THE PLAINT IN OS 90/2024 FILED BEFORE SUB COURT, KOTTAYAM