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.
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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:
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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
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OP(C) NO.2314 OF 2022
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.
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OP(C) NO.2314 OF 2022
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
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OP(C) NO.2314 OF 2022
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
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.
