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 OP(C) NO. 880 OF 2025 IA 1/2021 IN OS NO.77 OF 2018 OF MUNSIFF COURT, IDUKKI PETITIONERS/APPELLANTS/PLAINTIFFS: 1 SHYLAJA K.K AGED 51 YEARS D/O. LATE KUMARAN, (W/O DR. REGHU VAIDYAMADOM) KOCHUPARAMBIL HOUSE, PADAMUGHAM KARA, VATHIKUDY VILLAGE, IDUKKI TALUK & DISTRICT, PIN - 685604 2 JAIMOL K.K AGED 46 YEARS D/O LATE KUMARAN, (W/O SUBHASH PARACKAL HOUSE), KOCHUPARAMBIL HOUSE, PADAMUGHAM KARA, VATHIKUDY VILLAGE, IDUKKI TALUK & DISTRICT, PIN - 685604 BY ADVS. GEORGE MATHEW PRAVEEN S. SUNIL KUMAR A.G MATHEW K.T. GEORGE K.V. BOBY MATHEW STEPHY K REGI ADITHYA BENZEER MEDHA B.S. JOHN ZACHARIAH DOMINIC RESPONDENTS/RESPONDENTS/DEFENDANTS 1 MOHANDAS AGED 54 YEARS, S/O. LATE KUMARAN, KOCHUPARAMBIL HOUSE, KOCHUPARAMBIL BUILDING, THOPRAMKUDY P.O., VATHIKUDY VILLAGE, IDUKKI TALUK & DISTRICT, PIN - 685604 OPC 880/2025 -2- 2025:KER:27498 2 SHAINY AGED 50 YEARS, W/O. MOHANDAS, KOCHUPARAMBIL HOUSE, KOCHUPARAMBIL BUILDING, THOPRAMKUDY P.O, VATHIKUDY VILLAGE, IDUKKI TALUK & DISTRICT, PIN - 685604 3 DEEPU MOHANDAS S/O. MOHANDAS, AGED 19 YEARS, KOCHUPARAMBIL HOUSE, KOCHUPARAMBIL BUILDING, THOPRAMKUDY P.O. VATHIKUDY VILLAGE, IDUKKI TALUK & DISTRICT, PIN - 685604 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 880/2025 -3- 2025:KER:27498 JUDGMENT (Dated this the 28 th day of March, 2025) The limited prayer sought for in this original petition to direct the Subordinate Judge's Court, Kattappana, to consider and pass orders in Ext.P10(a) and Ext.P11(a), IA No.3/2025, within a time frame. 2. The petitioners are plaintiffs in O.S. No. 77 of 2018 of the Munsiff's Court, ldukki. The suit was filed for a permanent prohibitory injunction restraining the respondents from trespassing into the plaint schedule property and other reliefs. Along with the suit, an application for interim injunction was filed as IA No.283/2018, which was allowed as per Ext.P2. In the meanwhile, IA No.1/2021 was filed alleging that the respondents violated the injunction order and therefore, they may be detained in civil prison, and IA No.2/2021 was filed to restore the status quo ante, by way of mandatory injunction to surrender vacant possession of the OPC 880/2025 -4- 2025:KER:27498 properties. Exts.P7 and P8 are the objections to both IAs. 3. The Civil Judge, by a common order, dismissed the IAs as per Ext.P9, against which, the petitioners preferred Exts.P10 and P11 appeals as CMA Nos.3/2025 and 4/2025, in which, IA No.3/2025 was filed to stay the further proceedings in OS No.77/2018. 4. The counsel for the petitioners submits that notice was ordered in IA No.3/2025, and in the meanwhile, the suit was listed for trial. Therefore, he prays that a direction be issued to the Sub Court, Kattappana, to take up IA No.3/2025 and pass orders; till such time, the further proceedings in OS No.77/2018 be stayed. 5. Since the limited relief sought for is only for disposal of the same, notice to respondents is dispensed with. 6. Having heard the counsel for the petitioners and taking note of the fact that the injunction order is in force, the appeals are filed and are pending, and the OPC 880/2025 -5- 2025:KER:27498 application for staying the further proceedings in O.S is also pending, I deem it appropriate to dispose of this original petition, directing the Sub Court, Kattappana, to take up IA No.3/2025 in CMA Nos.3/2025 and 4/2025, and pass appropriate orders on the next posting day itself. Until such time, the trial of the suit is stayed. The original petition is disposed of. Sd/- BASANT BALAJI JUDGE JS OPC 880/2025 -6- 2025:KER:27498 APPENDIX OF OP(C) 880/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF PLAINT DTD.31.07.2018 IN O.S. NO.77 OF 2018 OF THE MUNSIFF COURT, IDUKKI Exhibit P2 TRUE COPY OF ORDER DTD. 25.02.2019 IN I.A. NO. 283 OF 2018 IN O.S. NO.77 OF 2018 ALONG WITH TYPED COPY Exhibit P3 TRUE COPY OF WRITTEN STATEMENT DTD. 21.02.2021 FILED BY 1ST RESPONDENT IN EXT.P1 ALONG WITH TYPED COPY Exhibit P4 TRUE COPY OF JUDGMENT DTD. 21.09. 2023 IN O.P. (C) NO. 481 OF 2021 Exhibit P5 TRUE COPY OF I.A. NO. 1 OF 2021 DTD. 18.02.2021 IN EXT.P1 Exhibit P6 TRUE COPY OF I.A. NO. 2 OF 2021 DTD. 18.02.2021 IN EXT.P1 SUIT Exhibit P7 TRUE COPY OF COUNTER AFFIDAVIT DTD. 23.02.2021 IN EXT. P Exhibit P8 TRUE COPY OF COUNTER AFFIDAVIT DTD. 23.02.2021 IN EXT. P6 Exhibit P9 TRUE COPY OF COMMON ORDER DTD. 07.02.2025 OF MUNSIFF’S COURT, IDUKKI IN EXTS. P5 AND P6 IN O.S. NO. 77 OF 2018 Exhibit P10 TRUE COPY OF APPEAL MEMORANDUM IN C.M.A. NO. 3 OF 2025 (I.A. NO. 1 OF 2021) OF THE SUBORDINATE JUDGE’S COURT, KATTAPPANA Exhibit P10 (a) TRUE COPY OF PETITION DTD. 07.03.2025 IN I.A. NO. 3 OF 2025 IN EXT.P10 OPC 880/2025 -7- 2025:KER:27498 Exhibit P11 TRUE COPY OF APPEAL MEMORANDUM IN C.M.A. NO. 4 OF 2025 (I.A.NO.2 OF 2021) OF THE SUBORDINATE JUDGE’S COURT, KATTAPPANA Exhibit P11(a) TRUE COPY OF PETITION DTD. 07.03.2025 IN I.A. NO. 3 OF 2025 IN EXT.P11