1 O.P.(C) NO.829 OF 2025 2025:KER:26882 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.829 OF 2025 (AGAINST THE ORDER/JUDGMENT IN CMA NO.55 OF 2019 OF DISTRICT COURT & SESSIONS COURT, KOTTAYAM) PETITIONER/PLAINTIFF: AJOSH P.B, AGED 39 YEARS, S/O BALAKRISHNAN NAIR, PALAMATTATHIL HOUSE, MARIYATHURUTHU P.O, PERUMBAIKADU, KOTTAYAM, PIN – 686 017 BY ADVS. C.S.MANILAL S.NIDHEESH RESPONDENTS/DEFENDANTS: 1 SREEKUMAR, S/O THANKAPPAN NAIR, SREERANKAM HOUSE, PALLOM P.O, NATTAKOM, KOTTAYAM, PIN – 686 007 2 SREEPARAKASH, AGED 61 YEARS, S/O THANKAPPAN NAIR, SREERANKAM HOUSE, PALLOM P.O, NATTAKOM, KOTTAYAM, PIN – 686 007 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.3.2025, THE COURT ON 28.03.2025 DELIVERED THE FOLLOWING: 2 O.P.(C) NO.829 OF 2025 2025:KER:26882 JUDGMENT (Dated: 28th March, 2025) This original petition is filed for a direction directing the District Court, Kottayam, to dispose of C.M.A. No.55 of 2019 within a time frame. 2. The suit was filed for permanent prohibitory injunction restraining the defendants from locking the gate which was put across plaint B schedule way. It is submitted that along with the suit, the plaintiff filed I.A.No.3996 of 2018 seeking an interlocutory injunction restraining the defendant from making any obstruction to B schedule road. The above I.A. was filed before the Munsiff Court, Kottayam. Against the order of the Munsiff Court, a CMA was filed as CMA No.55 of 2019 before the District Court, Kottayam. The respondent filed an objection to the said application. 3. A report was called for from the District Court, Kottayam, 3 O.P.(C) NO.829 OF 2025 2025:KER:26882 and the report dated 27.03.2025 states that the C.M.A. was filed on 20.05.2019, and the case was partly heard on 19.02.2025 and is now posted for hearing on 29.03.2025. 4. Heard counsel on either side. 5. Taking into consideration the facts and circumstances of the case and the report received from the District Court, Kottayam, I deem it appropriate to dispose of this original petition. There will be a direction to the District Judge, Kottayam, to dispose of the C.M.A. itself before the closing of the court for summer vacation. This Original Petition (C) is disposed of. Sd/- BASANT BALAJI, JUDGE ss 4 O.P.(C) NO.829 OF 2025 2025:KER:26882 APPENDIX OF OP(C) 829/2025 PETITIONER EXHIBITS Exhibit P1 A COPY OF THE PLAINT IN O.S 891/2018 DATED 19.12.2018 FILED BEFORE MUNSIFFS COURT KOTTAYAM Exhibit P2 A COPY OF THE WRITTEN STATEMENT IN O.S 891/2018 DATED 26.03.2019 FILED BEFORE MUNSIFFS COURT KOTTAYAM Exhibit P3 A COPY OF THE IA 3996/2018 DATED 18.12.2018 IN O.S 891/2018 FILED BEFORE MUNSIFFS COURT KOTTAYAM Exhibit P4 A COPY OF THE AFFIDAVIT WITH OBJECTION DATED 23.01.2019 IN IA 3996/2018 IN O.S 891/2018 FILED BEFORE MUNSIFFS COURT KOTTAYAM Exhibit P5 A COPY OF THE ORDER IN IA 3996/2018 IN O.S 891/2018 DATED 25.03.2019 OF THE MUNSIFFS COURT KOTTAYAM Exhibit P6 A COPY OF THE APPEAL MEMORANDUM IN CMA 55/2019 DATED 20.05.2019 FILED BEFORE THE DISTRICT COURT KOTTAYAM Exhibit P7 A COPY OF THE AFFIDAVIT WITH OBJECTION DATED 23.05.2019 IN CMA 55/2019 DATED 20.05.2019 FILED BEFORE THE DISTRICT COURT KOTTAYAM Exhibit P8 A COPY OF THE E-COURT CASE STATUS OF C.M.A 55/2019 FILED BEFORE THE DISTRICT COURT KOTTAYAM