OP(C) NO. 821 OF 2025 1 2025:KER:25286 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP(C) NO. 821 OF 2025 AS NO.32 OF 2025 OF DISTRICT COURT & SESSIONS COURT, THIRUVANANTHAPURAM ARISING OUT OF THE ORDER/JUDGMENT DATED IN OS NO.1485 OF 2015 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM PETITIONER/S: RAJADAS P.J.,AGED 73 YEARS 'THOPPIL', T.C NO. 11/1744(6), C.R.A-G. 29, CHARACHIRA RESIDENTS’ ASSOCIATION, CHARACHIRA, KOWDIAR VILLAGE, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003 BY ADVS. ENOCH DAVID SIMON JOEL S.SREEDEV RONY JOSE LEO LUKOSE KAROL MATHEWS SEBASTIAN ALENCHERRY DERICK MATHAI SAJI KARAN SCARIA ABRAHAM ITTOOP JOY THATTIL RESPONDENT/S: 1 K. SUDHEER AGED 55 YEARS S/O T.C KRISHNADAS 'SUPRABHA', T.C NO 11/1745 C.R.A.-G.31, CHARACHIRA RESIDENTS’ ASSOCIATION, CHARACHIRA, KOWDIAR VILLAGE, KOWDIAR P.O, OP(C) NO. 821 OF 2025 2 2025:KER:25286 THIRUVANANTHAPURAM, PIN - 695003 2 BINDU K.S AGED 51 YEARS W/O. K. SUDHEER, SUPRABHA, T.C NO 11/1745 C.R.A.- G.31, CHARACHIRA RESIDENTS’ ASSOCIATION, CHARACHIRA, KOWDIAR VILLAGE, KOWDIAR P.O, THIRUVANANTHAPURAM, PIN - 695003 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 821 OF 2025 3 2025:KER:25286 JUDGMENT The limited prayer sought for, in this original petition is for disposal of Ext.P6, I.A.1/2025 in A.S.32/2025 within a time frame. The petitioner is the plaintiff in O.S.No.1485/2015 on the files of the Munsiff’s Court, Thiruvananthapuram. The suit was filed for permanent prohibitory injunction restraining the respondents from trespassing into the plaint schedule property and for other reliefs. Along with the suit, an application for injunction was filed as I.A.No.6201/2015. The learned Munsiff passed an order of temporary prohibitory injunction restraining the respondents from trespassing into the plaint schedule property and demolishing the compound wall and dismantling his iron gate. 2. After filing the written statement and after elaborate trial, the suit was dismissed on 20.11.2024 as per Ext.P4. The petitioner filed A.S.No.32/2025 before District Court, Thiruvananthapuram and moved an application as I.A.No.1/2025 for injunction. Since there was a caveat filed by the respondents, the learned District Judge did not grant an order of injunction, but issued notice to the respondents. 3. The grievance of the petitioner is that since the suit is dismissed and injunction is not in force, the respondents may at any time trespass into the property and demolish the wall as well as the gate and therefore, seeks disposal of I.A.No.1/2025 within a time OP(C) NO. 821 OF 2025 4 2025:KER:25286 frame. 4. Having heard the learned counsel for the petitioner and since the petitioner seeks only a direction to take up I.A.No.1/2025. notice to respondents is dispensed with. Taking into consideration the fact that throughout the suit there was an injunction order against the respondents, I deem it appropriate to dispose of this original petition directing the District Court, Thiruvananthapuram to take up I.A.No.1/2025 and after hearing the respondents, pass orders on the same before the closing of court for summer vacation. Till the disposal of I.A., the status quo as on today, shall be maintained. Sd/- BASANT BALAJI JUDGE jm/ OP(C) NO. 821 OF 2025 5 2025:KER:25286 APPENDIX OF OP(C) 821/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. O.S. NO. 1485 OF 2015 ON THE FILES OF THE MUNSIFF COURT, THIRUVANANTHAPURAM. Exhibit P2 A TRUE COPY OF THE ORDER DATED 01.08.2015 IN IA NO. 6201 OF 2015 IN O.S1485 OF 2015 ON THE FILES OF THE PRINCIPAL MUNSIFF’S COURT, THIRUVANANTHAPURAM. Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 19.08.2016 FILED BY THE RESPONDENTS IN O.S1485 OF 2015 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM. Exhibit P4 A TRUE COPY OF THE JUDGEMENT IN O.S1485 OF 2015 ON THE FILES OF THE PRINCIPAL MUNSIFF’S COURT, THIRUVANANTHAPURAM. Exhibit P5 A TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY THE PETITIONER IN A.S 32 OF 2025 DATED 12.03.2025 ON THE FILES OF THE DISTRICT COURT, NO. 3, THIRUVANANTHAPURAM. Exhibit P6 A TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONER IN I.A. NO. 1 OF 2025 IN A.S 32 OF 2025 DATED 12.03.2025 ON THE FILES OF THE DISTRICT COURT, NO.3 THIRUVANANTHAPURAM.