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Kerala High Court
Radhakrishnan vs Raveendranathan on 11 December, 2025
2025:KER:95476
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY, THE 11TH DAY OF DECEMBER 2025/20TH AGRAHAYANA,1947
OP(C) NO. 3202 OF 2025
AGAINST THE ORDER/JUDGMENT IN OS NO.227 OF 2017 OF
PRINCIPAL SUB COURT, IRINJALAKUDA
PETITIONER/PLAINTIFF:
RADHAKRISHNAN
AGED 72 YEARS
S/O POLAKULATH APPU, BUSINESS,
LOKAMALESWARAM VILLAGE, KODUNGALLUR TALUK, NOW
RESIDING AT POLAKULATH HOUSE, KOTTAPPURAM DESOM,
POOTHOLE P.O., THRISSUR, THRISSUR DISTRICT,
PIN - 680664.
BY ADVS.
SRI.T.M.CHANDRAN
SRI.P.R.NEELAKANDAN NAMBOODIRI
RESPONDENTS/DEFENDANTS:
1 RAVEENDRANATHAN
AGED 83 YEARS
S/O POLAKULATH APPU, RESIDING AT POLAKKULATH
HOUSE, LOKAMALESWARAM VILLAGE, DESOM,
KODUNGALLUR P.O., THRISSUR DISGRICT,
PIN - 680664.
2 INDIRA
AGED 77 YEARS
D/O POLAKKULATH APPU, AND W/O LATE JAYAPRAKASH,
NOW RESIDING AT 'INDEEVARAM', KORUMBISSERY, NEAR
MARIYAMMAN KOVIL, IRINJALAKUDA P.O., THRISSUR
DISTRICT, PIN - 680121.
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OP(C) NO. 3202 OF 2025
2
3 ASOKAN
AGED 75 YEARS
S/O POLAKKULATH APPU, RESIDING AT POLAKKULATH
HOUSE, LOKAMALESWARAM VILLAGE, CHANDPURA,
KODUNGALLUR P.O., THRISSUR DISTRICT,
PIN - 680664.
4 SATHYAPALAN
AGED 74 YEARS
S/O POLAKKULATH APPU, NOW RESIDING AT POLAKKULATH
HOUSE, KOMBARA NORTH P.O., ERNAKULAM DISTRICT,
PIN - 682018.
5 PAVITHRAN
AGED 72 YEARS
S/O POLAKKULATH APPU, RESIDING AT POLAKKULATH
HOUSE, CHEMBUKAVE VILLAGE, M.G.NAGAR, CHEMBUKAVE
POST, THRISSUR DISTRICT, PIN - 680020.
6 VASANTHAKUMARI
AGED 69 YEARS
D/O POLAKKULATH APPU, AND W/O EDATHIRINJIL LATE
DR.KUMAR, RESIDING AT POLAKKULATH HOUSE, PUNJAR
ROAD, POOTHOLE POST, THRISSUR DISTRICT,
PIN - 680004.
7 SWAPNA
AGED 66 YEARS
W/O PAZHOORVEETIL LATE DR. NANDAKUMAR AND
D/O POLAKKULATH APPU, CIVIL LANE ROAD, WEST FORT,
PUTHOLE POST THRISSUR DISTRICT, PIN - 680004.
8 SANTHOSH
AGED 62 YEARS
S/O POLAKKULATH APPU, POLAKKULATH HOUSE,
LOKAMALESWARAM, NORT NADA, KODUNGALLUR, THRISSUR
DOSTRICT, PIN - 680664.
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OP(C) NO. 3202 OF 2025
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9 KAVITHA KRISHNAN
D/O LATE JAMEETHA, RESIDING AT ' SOUPARNIKA',
CHEMBUKKAVE ROAD, CHEMBUKAVE POST, THRISSUR
DISTRICT, PIN - 680020.
10 VANDHANA K.S.
AGED 44 YEARS
D/O LATE JAMEETHA AND W/O DR. JANE, RESIDING AT
'SOUPARNIKA', CHENMBUKAVE ROAD, CHEMBUKKAVE POST,
THRISSUR DISTRICT, PIN - 680020.
11 LATHIKA
AGED 70 YEARS
W/O POLAKKULATH SASEENDRAN, CHEMBOOKKAVE POST,
THRISSUR DISTRICT, PIN - 680002.
12 RISHI
AGED 52 YEARS
S/O POLAKKULATH SASEENDRAN, CHEMBOOKKAVE POST,
THRISSUR DISTRICT, PIN - 680002.
13 ROOPA NISEETH
AGED 45 YEARS
D/O POLAKKULATH SASEENDRAN, CHEMBOOKKAVE POST,
THRISSUR DISTRICT, PIN - 680002.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(C) NO. 3202 OF 2025
4
JUDGMENT
This petition is filed for issuing direction to the
Principal Sub Court, Irinjalakuda to dispose of
O.S.No.227/2017 in time bound manner.
2. Heard the learned counsel for the
petitioner.
3. Look into the facts and circumstances, issue
notice to the respondents and calling the report is dispensed
with.
4. The learned counsel submits that the
plaintiff filed a suit for partition in the year 2017 as
O.S.No.227/2017 and that the evidence of the plaintiff is
already over.
5. At the time of evidence of the defendants,
the 9th defendant filed I.A.No.10/2023 for amendment of the
written statement. That was pending for more than almost
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OP(C) NO. 3202 OF 2025
two years. Already 29 hearings are over, the trial court did
not dispose the I.A. Now posted the hearing of the I.A. by
15.01.2026 and the trial court may not disposing of the suit,
therefore, prayed this court to direct the trial court to speed
up the trial.
6. But looking into the facts and
circumstances, the I.A. filed by the 9th defendant, that is
I.A.No.10/2023 for amendment of the pleading. If the
amendment of pleading application is still pending if it is
allowed, definitely the plaintiff will challenge the same
before this Court and he may request for staying the further
proceedings in the suit. If the said I.A. is dismissed, the
passing order against the defendants, the defendants is
having chances to approach this Court for challenging the
same. Such being a case, this is not a fit case to direct the
trial court to dispose the very suit itself within time bound
manner.
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OP(C) NO. 3202 OF 2025
7. However this Court can issue direction to
the trial court to speed up the I.A. and dispose the
I.A.No.10/2023 in time bound manner as it is pending for
almost two years.
Accordingly, this petition is disposed of with a
direction to the Principal Sub Court, Irinjalakuda to hear
and dispose of I.A.No.10/2023 within 15 days from
15.01.2026.
Sd/-
K. NATARAJAN
JUDGE
mpm
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OP(C) NO. 3202 OF 2025
APPENDIX OF OP(C) NO. 3202 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE PLAINT DATED
05-12-2017 IN O.S.NO.227/2017 FILED BY
PLAINTIFF BEFORE THE SUB COURT,
IRINJALAKUDA.
Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT
DATED 16-02-2018 FILED BY THE DEFENDANT
NO.9 IN O.S.NO.227/2017 FILED BY
PLAINTIFF BEFORE THE SUB COURT,
IRINJALAKUDA.
Exhibit P3 A TRUE COPY OF PETITION I.A.NO.8/2023
DATED 20-06-2023 FILED IN O.S.227/2017
BY THE DEFENDANT NO.9 BEFORE SUB COURT
IRINJALAKUDA SEEKING PERMISSION TO RAISE
COUNTER CLAIM.
Exhibit P4 A TRUE COPY OF ORDER DATED 07-10-2023
PASSED IN I.A.8/2023 IN O.S.227/2017 BY
THE SUB COURT, IRINJALAKUDA.
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED
10-11-2023 PASSED BY THE HONOURABLE HIGH
COURT OF KERALA, ERNAKULAM IN O.P.(C)
2284/2023.
Exhibit P6 A TRUE COPY OF THE I.A.10/2023 DATED
18-12-2023 FILED BY THE DEFENDANT NO.9
IN O.S.227/2017 BEFORE THE SUB COURT,
IRINJALAKUDA FOR AMENDMENT OF THE
WRITTEN STATEMENT.
Exhibit P7 A TRUE COPY OF THE OBJECTION DATED
11-01-2024 FILED BY THE PLAINTIFF IN
I.A.10/2023 IN O.S.227/2017 BEFORE THE
SUB COURT, IRINJALAKUDA.
Exhibit P8 A TRUE COPY OF THE PROCEEDING IN THE
SUIT O.S.227/2017 ON THE FILE OF SUB
COURT, IRINJALAKUDA.
