Kerala High Court
Dr Bijimol vs Bhaskaran K on 16 January, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA, 1946
OP(C) NO. 104 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.15 OF 2023 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,
MAVELIKKARA
PETITIONERS:
1 DR BIJIMOL
AGED 43 YEARS
D/O DAMODARAN, AGED 43 YEARS, KANJIPURATH,
PUTHIYAVILA (P.O.), VELANCHIRA, KARTHIKAPPALLY
TALUK, KANDALLUR VILLAGE, ALAPPUZHA-, PIN - 690531
2 DR LIJI S
AGED 40 YEARS
D/O DAMODARAN, AGED 40 YEARS, KANJIPURATH,
PUTHIYAVILA (P.O.), VELANCHIRA, KARTHIKAPPALLY
TALUK, KANDALLUR VILLAGE, ALAPPUZHA, PIN - 690531
3 SOFIYA
AGED 10 YEARS
REPRESENTE BY THE MOTHER D/O DR BIJIMOL,
KANJIPURATH, PUTHIYAVILA (P.O.), VELANCHIRA,
KARTHIKAPPALLY TALUK, KANDALLUR VILLAGE, ALAPPUZHA,
PIN - 690531
4 DEVADARSANA PANICKER,
AGED 8 YEARS
REPRESENTE BY THE MOTHER D/O DR LIJI S,
KANJIPURATH, PUTHIYAVILA (P.O.), VELANCHIRA,
KARTHIKAPPALLY TALUK, KANDALLUR VILLAGE,
ALAPPUZHA-, PIN - 690531
5 GAURI PANICKER
AGED 7 YEARS
(MINOR), AGED 7 YEARS,REPRESENTE BY THE MOTHER D/O
DR LIJI S, AGED 40 YEARS, KANJIPURATH, PUTHIYAVILA
(P.O.), VELANCHIRA, KARTHIKAPPALLY TALUK, KANDALLUR
VILLAGE, ALAPPUZHA-, PIN - 690531
OP(C) No.104 of 2025
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6 RAGHUL D PANICKER
AGED 44 YEARS
S/O DIVAKARA PANICKER, KANJIPURATH, PUTHIYAVILA
(P.O.), VELANCHIRA, KARTHIKAPPALLY TALUK,
KANDALLUR VILLAGE, ALAPPUZHA-, PIN - 690531
7 VIJAYARAJ
AGED 62 YEARS
S/O PADMANABHAN, MEENATHIL HOUSE, PERUMPALLY,
VALIYAZHIKKAL (P.O.), ALAPPUZHA, PIN - 690535
BY ADVS.
C.UNNIKRISHNAN (KOLLAM)
D.JAYAKRISHNAN
VIJAYKRISHNAN S. MENON
VIVEK NAIR P.
K.S.ARAVIND
ANANTHU R MURALI
V.ASWIN
ADEEBA AMEEN
SRUTHI SREEKUMAR
M.R.RADHAKRISHNAN
RESPONDENT:
BHASKARAN K
AGED 70 YEARS
S/O KUCHUMMINI, SNEHALAYAM, PUTHIYAVILA (P.O.),
KANDALLOOR, ALAPPUZHA, PIN - 690531
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
16.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No.104 of 2025
3
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P.M. MANOJ, J
-----------------------------------
O.P.(C) No.104 of 2025
----------------------------------------------
Dated this the 16th day of January, 2025
JUDGMENT
The original petition is preferred being aggrieved by the
delay in disposing I.A. No.1 of 2023 in O.S.No.15 of 2023 on the
files of Sub Court, Mavelikkara.
2. The suit was preferred by the respondent for
declaring the settlement deed dated 04.04.2017 which
registered as a document No.447 of 2017 of SRO, Keerikad as
null and void and to set aside the same and declare document
Nos.491 of 2021 and 492 of 2021 of SRO, Keerikad not binding
on the plaintiff as those documents were executed by the
defendants 1,7 and 8 by playing fraud on the plaintiff and also
for a permanent prohibitory injunction restraining the
defendants or anybody under them from trespassing into the
plaint 'A' schedule property, demolishing the structure and other
constructions on it and from committing any kind of mischief in
it.
3. It is stated that the father of the 1 st and 2nd petitioners
herein derived title in respect of A schedule property through
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settlement deed No.446/17 dated 04.04.2017 executed on the
files of SRO, Keerikkad. The above referred property was
unconditionally settled in favour of the 1st defendant who is the
father of the petitioners 1 & 2 without any reservation as to life
estate or any contingent interest. Father of petitioners 1 and 2,
and the 1st defendant in the suit had accepted the settlement
deed on the date of its execution itself. Thereafter, on
29.03.2021 the 1st defendant Damodaran settled the above
property in favour of his daughters and grand children who are
the petitioners herein.
4. The Sub Court, Mavelikkara on 22.02.2023 issued an
ex-parte ad-interim injunction order in IA No. 1 of 2023
restraining the defendants/petitioners herein from destructing
the boundary demarcations of the 'A' schedule property, annex
any portion of it with defendant's property and committing any
act of mischief in it.
5. During the pendency of the suit, 1st defendant
Damodaran had expired. Even after obtaining the ad-interim
injunction order, on 02.03.2023, the respondent along with his
son in law and other henchmen trespassed into the registered
land of the petitioners 1 to 5 and the property owned by
the mother of petitioners 1 and 2/1 st defendant's wife with the
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aid of JCB and made two pits on the northern side and about 15
loads of earth were removed from the said land and dumped in
the northern plot. Being aggrieved by that, the petitioners filed a
detailed objection to I.A No. 1 of 2023 praying to dismiss the
same.
6. The petitioners had specifically pointed out in Ext.P3
objection to I.A. No.1 of 2023; the illegality committed by the
respondent/plaintiff. While instituting the suit on 20.02.2023, the
respondent/plaintiff preferred I.A No. 1 of 2023 for temporary
injunction in respect to the 'A' schedule property which claims to
be absolutely belongs to the petitioners 1 to 5 by virtue of
settlement deed executed by settlement deeds No. 491 of 2021
and 492 of 2021 on the files of SRO, Keerikad. The
respondent/plaintiff preferred the above suit challenging the
settlement deed dated 04.04.2017, which was executed by him
in the name of the deceased 1st defendant. The deed came into
operation and the 1st defendant had derived title and
possession in respect of schedule No. 'A' in the suit and
thereafter settled in favour of the petitioners herein.
7. It is further stated that, the respondent/plaintiff
obtained the ex-parte ad-interim injunction suppressing the
material facts. The case was posted on 23.09.2023, for hearing
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I.A. and the case was adjourned for the reason that the Presiding
Officer was on leave. Under such circumstances, the petitioners
have preferred O.P.(C). No. 2130 of 2023 seeking for an
expeditious disposal of I.A within a time frame which is to be
fixed by this Court. By order dated 10.10.2023 the O.P. was
closed stating that there was no hindrance for the petitioners to
move for an early hearing of I.A. in the trial court itself.
Thereafter the matter stands posted on 22 occasions and finally
posted to 16.01.2025. Even today that matter has got adjourned
to some other day. This is the circumstance in which the
petitioners have preferred this original petition for an
expeditious disposal of I.A. No.1 of 2023 and for an expeditious
consideration of Ext.P3 objection.
8. I have heard Sri.C.Unnikrishnan, the learned counsel
for the petitioners. On considering the limited nature of prayer
sought in the writ petition, I prefer to dispense notice to the
respondent. Accordingly, notice to the respondent is dispensed
with.
9. On considering the facts involved in this case, i.e.,
even after 22 postings between 04.11.2023 to 17.12.2024, the
I.A. was not disposed. While the matter was considered today,
the counsel for the petitioner pointed out that, that is also
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adjourned. It is stated that the counsel for the petitioner was
ready and pressed for hearing on all the postings above
mentioned. On considering these circumstances, it appears that
it will be appropriate to grant directions as sought in the original
petition. Accordingly, the Sub Court, Mavelikkara is directed to
consider Ext.P2 i.e., I.A. No.1 of 2023 and the objection preferred
against I.A. No.1 of 2023 as per Ext.P3 in the next posting itself
and pass appropriate orders.
Accordingly, the original petition is disposed of.
Sd/-
P.M.MANOJ
JUDGE
sss
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APPENDIX OF OP(C) 104/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO.
15 OF 2023 FILED BY THE RESPONDENT
BEFORE THE SUB COURT, MAVELIKKARA
Exhibit P2 A TRUE COPY OF THE I.A. NO. 1/2023 IN
O.S. NO. 15 OF 2023 FILED BY THE
RESPONDENT BEFORE THE SUB COURT,
MAVELIKKARA
Exhibit P3 A TRUE COPY OF THE OBJECTION FILED ON
10.07.2023 BY THE PETITIONERS
HEREIN/DEFENDANTS IN I.A. NO. 1/2023 IN
O.S. NO. 15 OF 2023 OF THE SUB COURT,
MAVELIKKARA
Exhibit P4 TRUE COPY OF THE JUDGMENT IN O.P.(C)
NO. 2130 OF 2023 DATED 10.10.2023
Exhibit P5 . TRUE COPY OF THE B-DIARY OF THE CASE
PROCEEDINGS OF THE O.S. NO. 15 OF 2023
UPTO 19.08.2024
