Suresh vs Pradeep
2021 Latest Caselaw 21180 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE V.G.ARUN
         WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                           OP(C) NO. 1803 OF 2021
         AGAINST THE ORDER/JUDGMENT IN CMA 22/2021 OF PRINCIPAL SUB
                        COURT,IRINJALAKUDA, THRISSUR
PETITIONERS/RESPONDENTS/DEFENDANTS:

     1       SURESH,
             AGED 52 YEARS
             S/O.POZHATHVEETTIL APPUKUTTAN NAIR, THRIKKUR DESOM &
             VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

     2       RAMDAS,
             AGED 48 YEARS
             S/O.POZHATHVEETTIL APPUKUTTAN NAIR, THRIKKUR DESOM &
             VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
             BY ADVS.
             SANTHOSH P.PODUVAL
             R.RAJITHA
             CHITHRA.S.BABU
             R.N.SANDEEP


RESPONDENTS/APPELLANTS/PLAINTIFFS:

     1       PRADEEP,
             AGED 50 YEARS
             S/O.KARATTEA PRABHAKARAN, THRIKKUR DESOM & VILLAGE,
             MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680 314.

     2       USHMILA SURESH,
             AGED 30 YEARS
             W/O.THRIKKUR SURESH, THRIKKUR DESOM & VILLAGE, MUKUNDAPURAM
             TALUK, THRISSUR DISTRICT-680 314.
             BY ADVS.
             S. SREEDEV (R1)
             P.B. KRISHNAN (R2)

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1803 OF 2021
                                       2




                               JUDGMENT

Dated this the 20th day of October, 2021

The challenge in this Original Petition is against

Ext.P8 order by which the appellate court allowed the

appeal filed by the plaintiffs in O.S.No.477 of 2021 of

the Munsiff's Court, Irinjalakkuda, and restrained the

defendants 1 and 2 and their men from trespassing

into the plaint scheduled property, from carrying out

any construction in the plaint schedule property and

from continuing with the construction and

committing any act of waste therein till further

orders.

2. Extensive arguments were advanced by the

learned Counsel for the petitioners assailing the

findings in Ext.P8 and by the learned Counsel for the

respondents, to sustain the findings.

3. Having heard the learned Counsel at length,

I am of the considered opinion that, rendering of a

decision in this Original Petition on merits will

prejudice the parties and impede the trial court from OP(C) NO. 1803 OF 2021

exercising its discretion. The best course of action is

to leave it open for the parties to let in evidence and

raise their contentions before the trial court and to

direct the trial court to decide the suit expeditiously.

Learned Counsel appearing for the parties undertake

to co-operate with the court to enable early disposal

of the suit.

In the result, the Original Petition is dismissed.

The Munsiff's Court, Irinjalakkuda is directed to take

earnest efforts to dispose of O.S.No.477 of 2021

within an outer limit of five months from the date of

receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE NB/20-10 OP(C) NO. 1803 OF 2021

APPENDIX OF OP(C) 153/2021

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO.477/21 ON THE FILE OF MUSIFF COURT, IRINJALAKKUDA

EXHIBIT P2 TRUE COPY OF I.A.2/21 IN O.S.NO.477/21 ON THE FILE OF MUSIFF COURT, IRINJALAKKUDA

EXHIBIT P3 TRUE COPY OF REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER ON 28/6/21 IN I.A.3/21 IN O.S.NO.477/21 ON THE FILE OF MUSIFF COURT, IRINJALAKKUDA

EXHIBIT P4 TRUE COPY OF COUNTER IN I.A.2/21 IN O.S.NO.477/21 ON THE FILE OF MUSIFF COURT, IRINJALAKKUDA

EXHIBIT P5 TRUE COPY OF REPORT FILED BY THE ADVOCATE COMMISSIONER IN I.A.5/21 BEFORE THE VACATION COURT, THRISSUR

EXHIBIT P6 TRUE COPY OF PHOTOGRAPH MARKED AS EXHIBIT B3

EXHIBIT P7 TRUE COPY OF ORDER DATED 13/7/21 IN I.A.2/21 IN O.S.NO.477/21 ON THE FILE OF MUSIFF COURT, IRINJALAKKUDA

EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 8/9/21 IN CMA 22/21 ON THE FILE OF SUB COURT, IRINJALAKKUDA

RESPONDENTS' EXHIBITS: NIL

True Copy P.A to Judge