Kochukunju vs Sali Achankunju
2021 Latest Caselaw 21373 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
         FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                          OP(C) NO. 879 OF 2021
          IN OS 294/2020 OF MUSNIFF COURT,ADOOR, PATHANAMTHITTA
PETITIONERS/DEFENDANTS:

     1      KOCHUKUNJU
            AGED 70 YEARS
            S/O.YOHANNAN,RENCY BHAVAN,KADAMABANADU NORTH MURI,
            KADAMBANADU VILLAGE,ADOOR TALUK,
            PATHANAMTHITTA DISTRICT.

     2      LISSY @ LISSYKUTTY,
            AGED 63 YEARS
            W/O.KOCHUKUNJU,RENCY BHAVAN,
            KADAMABANADU NORTH MURI,KADAMBANADU VILLAGE,ADOOR
            TALUK,PATHANAMTHITTA DISTRICT.
            BY ADV ANCHAL C.VIJAYAN


RESPONDENT/PLAINTIFF:

            SALI ACHANKUNJU
            W/O.ACHANKUNJU,OTTATHENGIL SHEENA BHAVAN,KADAMBANADU NORTH
            MURI,
            KADAMBANADU VILLAGE,ADOOR TALUK,
            PATHANAMTHITTA DISTRICT.

            BY ADVS.
            ARUN.B.VARGHESE
            AISWARYA V.S.



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 879 OF 2021
                                      2




                             JUDGMENT

Dated this the 29th day of October, 2021

The limited relief sought in this Original Petition

is, expeditious disposal of O.S.No.294 of 2020 on the

files of the Munsiff's Court, Adoor. The suit is filed by

the respondent seeking permanent prohibitory

injunction, restraining the petitioners from

trespassing upon the plaint scheduled property and

committing waste therein. The petitioners have filed

their written statement and have raised a counter

claim.

2. Heard learned Counsel for the petitioners

and the respondent.

3. In the report called for, learned Munsiff has

stated that the case could not be taken up due to

restricted functioning of the court and that, the suit

can be disposed of within six months of completion

of pre-trial steps.

OP(C) NO. 879 OF 2021

The Original Petition is hence disposed of,

directing the Munsiff, Adoor, to decide O.S.No.294 of

2020 and the counter claim of the defendants,

within six months of completion of

pre-trial steps.

Sd/-

V.G.ARUN

JUDGE NB/29-10 OP(C) NO. 879 OF 2021

APPENDIX OF OP(C) 879/2021

PETITIONERS' EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.294/2020 ON THE FILES OF THE MUNSIFF COURT,ADOOR.

EXHIBIT P2 TRUE COPY OF AFFIDAVIT AND PETITION IN I.A.NO.1/2020 IN O.S.NO.294/2020 OF MUNSIFF COURT,ADOOR

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER PASSED BY THE MUNSIFF COURT,ADOOR IN I.A.NO.1/2020 IN O.S.NO.294/2020 DATED 23.10.2020

EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS IN I.A.NO.1/2020 IN O.S.NO.294/2020 OF MUNSIFF COURT,ADOOR

EXHIBIT P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S.NO.294/2020 OF MUNSIFF COURT,ADOOR

EXHIBIT P6 TRUE PHOTO SHOWING THE COLLECTION OF MATERIALS OF THE CONSTRUCTION OF COMPOUND WALL IN THE PROPERTY OF THE PETITIONERS.

RESPONDENT'S EXHIBITS: NIL

True Copy P.A to Judge