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Kerala High Court
Jomy Joseph vs K.X Job on 18 December, 2025
2025:KER:98024
OP(C) Nos.1435, 1408, 1433 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA, 1947
OP(C) NO. 1435 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.448 OF 2023 OF
ADDITIONAL MUNSIFF COURT, ALAPPUZHA
PETITIONER/S:
JOMY JOSEPH
AGED 43 YEARS
S/O E.P JOSEPH, EDASSERY HOUSE, IRUMBANAM NORTH, IRUMBANAM
P.O, THIRUVANKULAM, ERNAKULAM REP. BY POWER OF ATTORNEY
HOLDER PRATHEESH KUMAR. C AGED 42 YEARS, S/O GIRIJA,
MANGALATHU, VAIKOM P.O, EAST GATE, VAIKOM, KOTTAYAM, PIN -
686141
BY ADV SHRI.PRAVEEN K. JOY
RESPONDENT/S:
1 K.X JOB
AGED 63 YEARS
S/O LATE XAVIER, KOCHEEKKARAN VEETTIL, THUMPOLY P.O,
AMBALAPUZHA TALUK, PATHIRAPPALLY VILLAGE, ALAPPUZHA, PIN -
688008
2 NITHIN K DAVID
AGED 40 YEARS
S/O K.X DAVID, KOCHIKKARAN VEETIL, THUMPOLY, PATHIRAPPALLY
VILLAGE, ALAPPUZHA NOW RESIDING AT @335/SECOND FLOOR
DEFENCE COLONY SOUTH DELHI, PIN - 110024
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2025, ALONG
WITH OP(C).1408/2024, 1433/2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:98024
OP(C) Nos.1435, 1408, 1433 of 2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA, 1947
OP(C) NO. 1408 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.476 OF 2023 OF
ADDITIONAL MUNSIFF COURT, ALAPPUZHA
PETITIONER/S:
JOMY JOSEPH
AGED 43 YEARS
S/O E.P JOSEPH, EDASSERY HOUSE, IRUMBANAM NORTH, IRUMBANAM
P.O, THIRUVANKULAM, ERNAKULAM REP. BY POWER OF ATTORNEY
HOLDER PRATHEESH KUMAR. C AGED 42 YEARS, S/O GIRIJA,
MANGALATHU, VAIKOM P.O, EAST GATE, VAIKOM, KOTTAYAM, PIN -
686141
BY ADV SHRI.PRAVEEN K. JOY
RESPONDENT/S:
1 SESSY JOB
AGED 57 YEARS
W/O JOB K.X, KOCHIKKARAN VEETTIL, THUMPOLY, ALAPPUZHA, PIN
- 688008
2 NITHIN K DAVID
AGED 40 YEARS
S/O K.X DAVID, KOCHIKKARAN VEETIL, THUMPOLY, ALAPPUZHA NOW
RESIDING AT @335/SECOND FLOOR DEFENCE COLONY SOUTH DELHI,
PIN - 110024
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2025, ALONG
WITH OP(C).1435/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:98024
OP(C) Nos.1435, 1408, 1433 of 2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY, THE 18TH DAY OF DECEMBER 2025 / 27TH AGRAHAYANA, 1947
OP(C) NO. 1433 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.483 OF 2023 OF
PRINCIPAL MUNSIFF, ALAPPUZHA
PETITIONER/S:
JOMY JOSEPH
AGED 43 YEARS
S/O E.P JOSEPH, EDASSERY HOUSE, IRUMBANAM NORTH, IRUMBANAM
P.O, THIRUVANKULAM, ERNAKULAM-682309 REP. BY POWER OF
ATTORNEY HOLDER PRATHEESH KUMAR. C AGED 42 YEARS, S/O
GIRIJA, MANGALATHU, VAIKOM P.O, EAST GATE, VAIKOM,
KOTTAYAM, PIN - 686141
BY ADV SHRI.PRAVEEN K. JOY
RESPONDENT/S:
1 K.X JOB
AGED 63 YEARS
S/O LATE XAVIER, KOCHEEKKARAN VEETTIL, THUMPOLY P.O,
AMBALAPUZHA TALUK, PATHIRAPPALLY VILLAGE, ALAPPUZHA, PIN -
688008
2 SESSY JOB
AGED 57 YEARS
W/O JOB K.X, KOCHEEKKARAN VEETTIL, THUMPOLY P.O,
AMBALAPUZHA TALUK, PATHIRAPPALLY VILLAGE ALAPPUZHA, PIN -
688008
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2025, ALONG
WITH OP(C).1435/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:98024
OP(C) Nos.1435, 1408, 1433 of 2024
4
JUDGMENT
These original petitions have been filed by the petitioner for
issuing directions to the Additional Munsiff's Court, Alappuzha,
for the speedy disposal of O.S Nos. 448/2023, 476/2023 &
483/2023.
2.A report has been received from the Additional Munsiff's
Court, Alappuzha, regarding the present status of O.S Nos.
448/2023, 476/2023 & 483/2023 and the time required to dispose
of the same. The Additional Munsiff's Court, Alappuzha, vide the
letter dated 18.07.2024, has stated that some of the defendants
have appeared and filed a written statement and are now posted
for hearing on the interlocutory applications.
3. The learned counsel for the petitioner submits that the
written statement has been filed, and issues are yet to be framed,
and the suit itself can be disposed of in a time-bound manner.
4.All three cases have been filed by the family members of
the plaintiff, and the parties are one and the same, and the suits
have already been clubbed together before the same court. The
2025:KER:98024
OP(C) Nos.1435, 1408, 1433 of 2024
learned counsel for the petitioner submits that these cases are
already fixed for trial on 27.01.2026.
5.Considering the facts and circumstances of the case, it is
necessary to issue directions to the court concerned.
Accordingly, all these original petitions are disposed of with
a direction to the Additional Munsiff's Court, Alappuzha, to
dispose of the suits as early as possible.
Sd/-
K. NATARAJAN
JUDGE
SJ
2025:KER:98024
OP(C) Nos.1435, 1408, 1433 of 2024
APPENDIX OF OP(C) NO. 1435 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.448/2023 ON THE
FILES OF ADDITIONAL MUNSIFF COURT, ALAPPUZHA
DATED 29.05.2023 ALONG WITH TYPED COPY
Exhibit P2 TRUE COPY OF THE IA FILED BY THE RESPONDENT NO.1
AS IA NO.01/2023 IN OS NO.448/2023 OF ADDITIONAL
MUNSIFF COURT, ALAPPUZHA DATED 29.05.2023
Exhibit P3 TRUE COPY OF THE ORDER IN IA NO.01/2023 IN OS
NO.448/2023 OF ADDITIONAL MUNSIFF COURT,
ALAPPUZHA DATED 31.05.2023
Exhibit P4 TRUE COPY OF THE OBJECTION SUBMITTED BY THE
PETITIONER DATED 10.01.2024
Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY
THE PETITIONER DATED 10.01.2024
Exhibit P6 TRUE COPY OF THE BUILDING PERMIT NO. SCP-SCP
(15)/2024 ISSUED BY ARYAD GRAMA PANCHAYATH DATED
09/02/2024
Exhibit P7 TRUE COPY OF THE BUILDING PLAN APPROVED BY ARYAD
GRAMA PANCHAYATH DATED 09/02/2024
Exhibit P8 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
29.01.2024 ISSUED BY PATHIRAPPALLY VILLAGE
OFFICE
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 15.03.2024
IN WPC NO.8165/2024 OF THIS HON'BLE COURT
2025:KER:98024
OP(C) Nos.1435, 1408, 1433 of 2024
APPENDIX OF OP(C) NO. 1408 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.476/2023 ON THE
FILES OF ADDITIONAL MUNSIFF COURT, ALAPPUZHA
DATED NIL JUNE 2023
Exhibit P2 TRUE COPY OF THE IA FILED BY THE RESPONDENT NO.1
AS IA NO.01/2023 IN OS NO.476/2023 OF ADDITIONAL
MUNSIFF COURT, ALAPPUZHA DATED NIL JUNE 2023
Exhibit P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE
OF ADDITIONAL MUNSIFF COURT, ALAPPUZHA DATED
10.01.2024
Exhibit P4 TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY
THE PETITIONER IN OS NO. 476/2023 DATED
10.01.2024
Exhibit P5 TRUE COPY OF THE BUILDING PERMIT NO. SCP-SCP
(15)/2024 ISSUED BY ARYAD GRAMA PANCHAYATH DATED
09/02/2024
Exhibit P6 TRUE COPY OF THE BUILDING PLAN APPROVED BY ARYAD
GRAMA PANCHAYATH DATED 09/02/2024
Exhibit P7 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
29.01.2024 ISSUED BY PATHIRAPPALLY VILLAGE
OFFICE
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 15.03.2024
IN WPC NO.8165/2024 OF THIS HON'BLE COURT
2025:KER:98024
OP(C) Nos.1435, 1408, 1433 of 2024
APPENDIX OF OP(C) NO. 1433 OF 2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.483/2023 ON THE
FILES OF MUNSIFF COURT, ALAPPUZHA DATED NIL JUNE
Exhibit P2 TRUE COPY OF THE IA FILED BY THE PETITIONER AS
IA NO.01/2023 IN OS NO.483/2023 OF MUNSIFF
COURT, ALAPPUZHA 09.06.2023
Exhibit P3 TRUE COPY OF THE OBJECTION SUBMITTED BY THE
PETITIONER DATED 22.01.2024
Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO. SCP-SCP
(15)/2024 ISSUED BY ARYAD GRAMA PANCHAYATH DATED
09/02/2024
Exhibit P5 TRUE COPY OF THE BUILDING PLAN APPROVED BY ARYAD
GRAMA PANCHAYATH DATED 09/02/2024
Exhibit P6 TRUE COPY OF THE POSSESSION CERTIFICATE DATED
29.01.2024 ISSUED BY PATHIRAPPALLY VILLAGE
OFFICE
Exhibit P7 TRUE COPY OF THE INTERIM ORDER DATED 15.03.2024
