Kerala High Court
K.C. Muraleemanoharan vs K.C. Radhamani on 24 October, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:79235
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
OP(C) NO. 2580 OF 2025
EP NO.40 OF 2024 OF MUNSIFF COURT, THIRUVALLA
PETITIONER/JUDGMENT DEBTOR/DEFENDANT:
K.C. MURALEEMANOHARAN
AGED 67 YEARS
S/O. P. CHELLAPPAN PILLAI,
HARIMURALI, KAVIYOOR P.O. THIRUVALLA,
PATHANAMTHITTA, PIN - 689 582.
BY ADVS.
SRI. R.KRISHNA RAJ
SMT. E.S.SONI
SRI. R.PRATHEESH (ARANMULA)
RESPONDENT/DECREE HOLDER/PLAINTIFF:
K.C. RADHAMANI
LAKSHMI VILASAM, NJALBHAGOM MURI,
KAVIYOOR VILLAGE, THIRUVALLA,
PIN - 689 645.
BY ADVS.
SRI. P.HARIDAS
SRI. BIJU HARIHARAN
SRI. P.C.SHIJIN
SMT. SHIJIMOL M.MATHEW
SMT. ROSHIN MARIAM JACOB
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.10.2025, ALONG WITH OP(C).2602/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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OP(C) NOS.2580 of 2025 & 2602 OF 2025
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF OCTOBER 2025 / 2ND KARTHIKA, 1947
OP(C) NO. 2602 OF 2025
OS NO.82 OF 2001 OF MUNSIFF COURT, THIRUVALLA
PETITIONER/DECREE HOLDER/PLAINTIFF:
K.C. RADHAMANI
AGED 73 YEARS
D/O. CHELLAPPAN PILLAI,
LAKSHMI VILASOM HOUSE, NJALBHAGOM MURI,
KAVIYOOR VILLAGE, THIRUVALLA TALUK
PATHANAMTHITTA DISTRICT, PIN - 689 582.
BY ADVS.
SRI .P.HARIDAS
SRI. BIJU HARIHARAN
SMT. SHIJIMOL M.MATHEW
SRI. P.C.SHIJIN
SMT. ROSHIN MARIAM JACOB
RESPONDENT/JUDGMENT DEBTOR/DEFENDANT:
K.C. MURALEEMANOHARAN
AGED 73 YEARS
S/O. CHELLAPPAN PILLAI,
LAKSHMI VILASOM HOUSE, NJALBHAGOM MURI,
KAVIYOOR VILLAGE, THIRUVALLA TALUK
PATHANAMTHITTA DISTRICT, PIN - 689 582.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.10.2025, ALONG WITH OP(C).2580/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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OP(C) NOS.2580 of 2025 & 2602 OF 2025
3
JUDGMENT
Since common issues arise for consideration in
these original petitions, they are disposed of by this
common judgment.
2. O.P.(C) No.2580 of 2025 is filed by the
petitioner/judgment debtor contending that the
Munsiff Court, Thiruvalla, the execution court, without
considering Ext.P12 application filed by him as E.A
No.1 of 2025, is proceeding with the execution
petition (E.P No.40 of 2024). In Ext.P12, he has prayed
for staying the execution proceedings till the disposal
of O.S No.306 of 2017 filed before the Munsiff Court,
Thiruvalla in respect of the same property.
3. O.P No.2602 of 2025 is filed by the decree
holder for expeditious disposal of E.P No.40 of 2024
by the Munsiff Court, Thiruvalla.
4. When the original petitions came up for
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OP(C) NOS.2580 of 2025 & 2602 OF 2025
consideration today, the learned counsel on both
sides submitted that E.A filed by the petitioner in O.P
(C) No.2580 of 2025 may be directed to be considered
by the learned Munsiff within a time frame.
5. In the light of the said submission and
considering the facts and circumstances of the case,
there will be a direction to the learned Munsiff to
consider Ext.P12 execution application in O.P(C)
No.2580 of 2025, in accordance with law, as
expeditiously as possible, at any rate, within a period
of ten days from today. In case the E.A is dismissed,
the learned Munsiff shall take execution proceedings
to a logical conclusion, at the earliest.
The original petitions are disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
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OP(C) NOS.2580 of 2025 & 2602 OF 2025
APPENDIX OF OP(C) 2580/2025
PETITIONER'S EXHIBITS:
EXHIBIT P-1 TRUE COPY OF THE DOCUMENT NO.40/1990 OF
THIRUVALLA SUB REGISTRAR OFFICE DATED
27.03.1990.
EXHIBIT P-2 TRUE COPY OF THE PLAINT FILED BY THE
RESPONDENT AS O.S NO.82/2001 OF
MUNSIFF'S COURT THIRUVALLA DATED
30.01.2001.
EXHIBIT P-3 TRUE COPY OF THE COMMISSION REPORT IN
ORIGINAL SUIT NO.82/2001 FILED BY THE
ADVOCATE COMMISSIONER BEFORE MUNSIFF'S
COURT THIRUVALLA WHICH WAS SET ASIDE BY
THE TRIAL COURT DATED 24.01.2009.
EXHIBIT P-4 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER TO THE COMMISSION REPORT IN
O.S NO.82/2001 OF MUNSIFF'S COURT
THIRUVALLA DATED 11.06.2009.
EXHIBIT P-5 TRUE COPY OF THE JUDGEMENT IN
O.S.NO.82/2001 OF MUNSIFF'S COURT
THIRUVALLA DATED 13.09.2012.
EXHIBIT P-6 TRUE COPY OF THE JUDGEMENT OF THIS
HON'BLE COURT IN RSA NO.1366/2013 DATED
08.08.2023.
EXHIBIT P- 7 TRUE COPY OF THE ORDER OF THE SLP
NO.20995/2023 IN THE SUPREME COURT
DATED 25.09.2023.
EXHIBIT P- 8 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN RP NO.804/2025 DATED
26.09.2025.
EXHIBIT P-9 TRUE COPY OF THE ORIGINAL SUIT IN O.S
306/2017 FILED BY THE PETITIONER BEFORE
THE MUNSIFF'S COURT THIRUVALLA DATED
20.06.2017.
EXHIBIT P-10 TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE RESPONDENT IN O.S 306/2017
BEFORE THE MUNSIFF'S COURT THIRUVALLA
DATED 20.06.2018.
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OP(C) NOS.2580 of 2025 & 2602 OF 2025
EXHIBIT P-11 TRUE COPY OF THE COMMISSION REPORT WITH
PLAN FILED BY THE ADVOCATE COMMISSIONER
IN OS NO.306/2017 BEFORE THE MUNSIFF'S
COURT THIRUVALLA DATED 24.08.2024.
EXHIBIT P-12 TRUE COPY OF THE APPLICATION FILED BY
THE PETITIONER BEFORE THE EXECUTION
COURT AS EA NO.1/2025 IN EP NO.40.2024
IN OS NO.82/2001 BEFORE MUNSIFF'S COURT
THIRUVALLA.
RESPONDENT'S EXHIBITS: NIL.
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OP(C) NOS.2580 of 2025 & 2602 OF 2025
APPENDIX OF OP(C) 2602/2025
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE E.P. NO. 40/2024 IN
OS NO. 82/2001 BEFORE THE MUNSIFF
COURT, THIRUVALLA FILED BY THE
PETITIONER DATED 22.07.2024.
EXHIBIT P2 TRUE COPY OF THE ORDER IN SPECIAL
LEAVE TO APPEAL NO. 20995/2023 DATED
25.09.2023 OF THE HONOURABLE SUPREME
COURT OF INDIA.
EXHIBIT P3 TRUE COPY OF THE ORDER IN REVIEW
PETITION NO. 804/2025 IN RSA NO.1366
OF 2013 DATED 26.09.2025 OF THE
HONOURABLE HIGH COURT OF KERALA.
RESPONDENT'S EXHIBITS: NIL.
