2025:KER:29105 1 OP (C) No.1986 & 1989 of 2017 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(C) NO. 1986 OF 2017 AGAINST THE ORDER DATED 05.04.2017 IN I.A 914/2017 IN OS NO.318 OF 2014 OF I ADDITIONAL MUNSIFF'S COURT, ERNAKULAM PETITIONERS: 1 T.N.RADHAKRISHNAN, AGED 61 YEARS, S/O NARAYANAN NAIR, THALODIYIL HOUSE, THIRUVAMKULAM VILLAGE, KANYANNUR TALUK, ERNAKULAM DISTRICT. 2 G.SIVARAJAN, AGED 72 YEARS,GOKULAM, L.B.S.ROAD, THIRUVAMKULAM VILLAGE,KANYANNUR TALUK, ERNAKULAM DISTRICT. 3 M.V.JOSE, AGED 66 YEARS,MUKKADAKKAL HOUSE, L.B.S.ROAD,THIRUVAMKULAM VILLAGE, KANYANNUR TALUK, ERNAKULAM DISTRICT. 4 P.A.SUBRAMANIAN, AGED 64 YEARS,KRISHNAKRIPA, L.B.S.ROAD,THIRUVAMKULAM VILLAGE, KANYANNUR TALUK, ERNAKULAM DISTRICT. 5 SIVASANKARAN, AGED 62 YEARS,KUNNUMMEL KUDIYIL, L.B.S.ROAD,THIRUVAMKULAM VILLAGE, KANYANNUR TALUK, ERNAKULAM DISTRICT. 2025:KER:29105 2 OP (C) No.1986 & 1989 of 2017 BY ADVS. SRI.E.N.VISHNU NAMBOODIRI SRI.NARAYANAN P POTTY SRI.M.K.SASEENDRAN MELEL RESPONDENTS: 1 A.I.VALSALA, AGED 56 YEARS, AMBAT HOUSE,KAVUMTHAZHAM, PUTHENCRUZ P.O,ERNAKULAM DISTRICT-682308, NOW RESIDING AT P-8, NALINAKSHAN BLOCK, PANAMPILLY NAGAR, ERNAKULAM DISTRICT-682036. 2 SUDHEER, AGED 52 YEARS,S/O SREEDHARAN NAIR, MADASSERIYIL HOUSE, KESAVAN PADY, THIRUVAMKULAM VILLAGE,KANYANNUR TALUK, ERNAKULAM DISTRICT-682305. 3 RAJESH, AGED 49 YEARS, S/O SREEDHARAN NAIR, MADASSERIYIL HOUSE, KESAVAN PADY, THIRUVAMKULAM VILLAGE, KANYANNUR TALUK, ERNAKULAM DISTRICT-682305. BY ADVS. N.SAJU THOMAS REJI MATHEW.M MATHEW VARGHESE THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, ALONG WITH OP(C).1989/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29105 3 OP (C) No.1986 & 1989 of 2017 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(C) NO. 1989 OF 2017 AGAINST THE ORDERS IN OS NO.318 OF 2014 OF I ADDITIONAL MUNSIFF'S COURT, ERNAKULAM PETITIONERS 1 T.N.RADHAKRISHNAN, AGED 61 YEARS, S/O. NARAYANAN NAIR, THALODIYIL HOUSE, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2 G. SIVARAJAN, AGED 72 YEARS, GOKULAM, L.B.S. ROAD, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 3 M.V. JOSE, AGED 66 YEARS, MUKKADAKKAL HOUSE,L.B.S. ROAD, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 4 P.A. SUBRAMANIAN, AGED 64 YEARS, KRISHNAKRIPA,L.B.S. ROAD, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 5 SIVASANKARAN, AGED 62 YEARS, KUNNUMEL KUDIYIL,L.B.S. ROAD, THIRUVAMKULAM VILLAGE,KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2025:KER:29105 4 OP (C) No.1986 & 1989 of 2017 BY ADVS. SRI.E.N.VISHNU NAMBOODIRI SRI.NARAYANAN P POTTY SRI.M.K.SASEENDRAN MELEL RESPONDENTS: 1 A.I.VALSALA, AGED 56 YEARS, AMBAT HOUSE, KAVUMTHAZHAM, PUTHENCRUZ P.O., ERNAKULAM DISTRICT - 682 308, NOW RESIDING AT P-8, NALINAKSHAN BLOCK, PANAMPILLY NAGAR, ERNAKULAM DISTRICT - 682 036. 2 SUDHEER, AGED 52 YEARS, S/O. SREEDHARAN NAIR, MADASSERIYIL HOUSE, KESAVAN PADY, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 305. 3 RAJESH, AGED 49 YEARS, S/O. SREEDHARAN NAIR, MADASSERIYIL HOUSE, KESAVAN PADY, THIRUVAMKULAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT - 682 305. BY ADVS. N.SAJU THOMAS REJI MATHEW.M THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 04.04.2025, ALONG WITH OP(C).1986/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29105 5 OP (C) No.1986 & 1989 of 2017 K.BABU, J. -------------------------------------- OP (C) Nos.1986 & 1989 of 2017 --------------------------------------- Dated this the 4th day of April, 2025 JUDGMENT The learned counsel for the petitioners submits that the petitioners are not pressing these Original Petitions. A memo to that effect has also been filed. Hence, these Original Petitions are dismissed as not pressed. Sd/- K.BABU, JUDGE KAS 2025:KER:29105 6 OP (C) No.1986 & 1989 of 2017 APPENDIX OF OP(C) 1986/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.318/2014 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P2 TRUE COPY OF THE AMENDED PLAINT IN O.S.NO.318/2014 FILED BY THE PETITIONERS BEFORE THE I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P3 TRUE COPY OF THE I.A.NO.914/2017 IN O.S.NO.318/2014 FILED BY THE PETITIONERS BEFORE THE I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P4 TRUE COPY OF THE COUNTER FIELD BY THE 1ST RESPONDENT IN THE ABOVE I.A. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 5.4.2017 IN I.A.NO.914/2017 IN O.S.NO.318/2014 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM. RESPONDENT EXHIBITS EXHIBIT R1(a) TRUE COPY OF PARTITION DEED BEARING NO. 2285/1984 DATED 26.06.1984 OF THRIPPUNITHURA SRO EXHIBIT R1(b) TRUE COPY OF THE SALE DEED BEARING NO. 2143/1999 DATED 19.08.1999 OF THRIPPUNITHURA SRO EXHIBIT R1(c) TRUE COPY OF BASIC TAX RECEIPT BEARING NO. 4300669 DATED 03.04.2013 OF THIRUVANKULAM VILLAGE OFFICE 2025:KER:29105 7 OP (C) No.1986 & 1989 of 2017 EXHIBIT R1(d) TRUE COPY OF THE NOTICE BEARING NO. P.Η. 11647/13 DATED 19.09.2013 OF THRIPPUNITHURA MUNICIPALITY EXHIBIT R1(e) COPY OF ADVOCATE COMMISSIONER'S REPORT DTD 03.04.2014 EXHIBIT R1(f) COPY OF ADVOCATE COMMISSIONER'S REPORT DTD 09.01.2015 EXHIBIT R1(g) COPY OF THE ORDER DATED 28.06.2016 IN I.A. 2130/2014 BEFORE THE 1 ADDITIONAL MUNSIFF, ERNAKULAM EXHIBIT R1(h) TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT DATED 26.10.2016 FILED BY THE 1ST RESPONDENT 2025:KER:29105 8 OP (C) No.1986 & 1989 of 2017 APPENDIX OF OP(C) 1989/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO. 318/2014 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST RESPONDENT IN O.S.NO. 318/2014 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P3 TRUE COPY OF THE I.A. NO. 2130/2014 IN O.S. NO. 318/2014 FILED BY THE PETITIONERS BEFORE THE I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P4 TRUE COPY OF THE COUNTER FILED BY THE 1ST RESPONDENT IN THE ABOVE I.A. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 28.06.2016 IN I.A.NO. 2130/2014 IN O.S.NO. 318/2014 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P6 TRUE COPY OF THE AMENDED PLAINT IN O.S. NO. 318/2014 FILED BY THE PETITIONERS BEFORE THE I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P7 TRUE COPY OF THE I.A. NO. 915/2017 IN O.S.NO. 318/2014 FILED BY THE PETITIONERS BEFORE THE I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P8 TRUE COPY OF THE COUNTER FILED BY THE 1ST RESPONDENT IN THE ABOVE I.A. 2025:KER:29105 9 OP (C) No.1986 & 1989 of 2017 EXHIBIT P9 TRUE COPY OF THE ORDER DATED 05.04.2017 IN I.A. NO. 915/2017 IN O.S.NO. 318/2014 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM. EXHIBIT P10 TRUE COPY OF THE COMMISSION REPORT FILED BY THE COMMISSIONER ON 03.04.2014.