Kerala High Court
Anilkumar vs Thomas on 1 August, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:57341
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 1ST DAY OF AUGUST 2025 / 10TH SRAVANA, 1947
OP(C) NO. 2314 OF 2022
AGAINST THE ORDER DATED 22.07.2022 IN CMA NO.69 OF
2020 OF ADDITIONAL DISTRICT JUDGE - VII, ERNAKULAM
PETITIONERS/RESPONDENTS/DEFENDANTS:
1 ANILKUMAR
AGED 56 YEARS
S/O. MUTTATHIL CHIDAMABARAN
MUTTATHIL HOUSE,
NEAR UDAYA CLUB KUREEKADU DESOM,
KUREEKADU. P.O., KANAYANNUR TALUK,
PIN - 682 305.
2 SHEEJA
AGED 53 YEARS
W/O. ANILKUMAR, MUTTATHIL HOUSE,
NEAR UDAYA CLUB, KUREEKADU DESOM,
KUREEKADU P.O., KANAYANNUR TALUK,
PIN - 682 305.
BY ADVS.
SRI. M.S.UNNIKRISHNAN
SRI. K.SUNIL
SMT. ALEENA MARIA JOSE
SMT. M.ARDRA KRISHNAN
SMT. KRISHNENDU.D
RESPONDENTS/APPELLANTS/PLAINTIFFS:
1 THOMAS
AGED 61 YEARS
S/O. VALLIKUNNATH KURIYAKKO
VALLIKUNNATH HOUSE, RESIDENT OF KUREEKADU DESOM
KUREEKADU. P.O., KANAYANNUR TALUK,
PIN - 682 305.
2025:KER:57341
OP(C) NO.2314 OF 2022
2
2 MIDHUN THOMAS
AGED 31 YEARS
S/O. VALLIKUNNATH THOMAS,
VALLIKUNNATH HOUSE, KUREEKADU DESOM
KUREEKADU. P.O., KANAYANNUR TALUK,
PIN - 682 305.
BY ADVS.
SRI. A.ANTONY
SMT. LEELAMMA ANTONY
SRI. M.V.JACOB (MANICKANAMPARAMPIL)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:57341
OP(C) NO.2314 OF 2022
3
JUDGMENT
This original petition is filed against the order dated 22.07.2022 in C.M.A No.69 of 2020 on the files of the Additional District Judge - VII, Ernakulam.
2. The petitioners are the defendants in OS No.555 of 2020 on the files of the 1 st Additional Munsiff Court, Ernakulam filed by the respondents herein for permanent prohibitory injunction restraining the petitioners from trespassing into the plaint 'C' schedule property. By Ext.P7 order, the interlocutory application (I.A No.1 of 2020) of the plaintiffs for temporary injunction from trespassing into the plaint 'C' schedule property was dismissed by the learned Munsiff. Against Ext.P7 order, the plaintiffs/respondents filed C.M.A No.69 of 2020 and the learned District Judge, by Ext.P9 order, set aside Ext.P7 and allowed I.A No.1 of 2020 and restrained 2025:KER:57341 OP(C) NO.2314 OF 2022 4 the petitioners by an interim prohibitory injunction from trespassing into the plaint 'C' schedule property till the disposal of the suit. Challenging Ext.P9 order, this original petition is filed under Article 227 of the Constitution of India.
3. This Court, by order dated 13.12.2022, directed the parties to maintain stats quo in respect of the plaint 'C' schedule property as on the said date till the date of next posting. The interim order was being extended from time to time till 21.01.2023.
4. When the original petition came up for consideration today, it is submitted by the learned counsel on both sides that the original suit is listed for trial on 06.08.2025 and that the trial court may be directed to dispose of the suit expeditiously maintaining the order of status quo passed on 13.12.2022 and untrammeled by the observations and findings in Exts.P7 and P9 orders.
2025:KER:57341 OP(C) NO.2314 OF 2022 5 In the light of the said submission, this original petition is disposed of without going into the merits of Exts.P7 and P9 and leaving open the contentions of the parties. The parties shall maintain status quo as ordered by this Court on 13.12.2022 till the disposal of the suit. Since the suit is of the year 2020, the trial court is requested to dispose of the same in accordance with law, expeditiously.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:57341 OP(C) NO.2314 OF 2022 6 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S. NO. 555 OF 2020 ON THE FILES OF 2ND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.
EXHIBIT P2 A TRUE COPY OF THE INJUNCTION PETITION FILED AS I.A. NO. 1 OF 2020 IN O.S. NO. 555 OF 2020 ON THE FILES OF 2ND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.
EXHIBIT P3 A COPY OF SALE DEED NO. 2735 OF 2001 OF S.R.O., MULANTHURUTHY EXECUTED BY THE 1ST RESPONDENT IN THE NAME OF PETITIONERS DATED 12.11.2001.
EXHIBIT P4 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS TO I.A. NO. 1 OF 2020 IN O.S. NO. 555 OF 2020 ON THE FILES OF 2ND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM. EXHIBIT P5 A TRUE COPY OF THE BTR EXTRACT OF LAND COMPRISED IN SY. NO. 151/20 OF KUREEKAD VILLAGE SHOWING THE 2ND PETITIONER'S NAME AS THE THANDAPER HOLDER.
EXHIBIT P6 A COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER ALONG WITH ROUGH SKETCH IN I.A. NO. 2 OF 2020 IN O.S. NO. 555 OF 2020 ON THE FILES OF 2ND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM.
EXHIBIT P7 A COPY OF THE ORDER IN I.A. NO. 1 OF 2020 IN O.S. NO. 555 OF 2020 ON THE FILES OF 2ND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM DATED 20.10.2020 EXHIBIT P8 A COPY OF C.M.A. NO. 69 OF 2020 FILED BEFORE THE FILES OF ADDITIONAL DISTRICT JUDGE - VII, ERNAKULAM DATED 16.11.2020. EXHIBIT P9 A COPY OF THE ORDER IN C.M.A. NO. 69 OF 2020 DATED 22ND JULY, 2022 2020 ON THE FILES OF ADDITIONAL DISTRICT JUDGE - VII, ERNAKULAM DATED 22.7.2022.
RESPONDENTS EXHIBITS:- NIL.