Citation : 2025 Latest Caselaw 9837 Ker
Judgement Date : 17 October, 2025
O.P.(C) No. 2346 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
OP(C) NO. 2346 OF 2025
AGAINST THE IA 715/2015 IN OS NO.50 OF 2015 OF
MUNSIFF COURT,CHENGANNUR
PETITIONER/PETITIONER/PLAINTIFF:
RAMESH BABU
AGED 54 YEARS, S/O RAVEENDREN NAIR,
RESIDING AT PANAMOOTTIL HOUSE, KEECHERIMEL MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK,
ALAPPUZHA DISTRICT, PIN - 689 121
BY ADVS.
SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
SMT.ANJU SUSAN REJI
RESPONDENTS/RESPONDENTS/DEFENDANTS:
1 SREEKRISHNA VILASWOM NSS 698 KARAYOGOM
KEEZHCHERIMEL CHENGANNUAR VILLAGE,
CHENGANNUR TALUK, CHENGANNUR, PIN - 689 121,
REPRESENTED BY ITS SECRETARY.
2 N.HARIKRISHNAN
AGED 61 SECRETARY, SREEKRISHNA VILASWOM NSS 698
KARAYOGOM KEEZHCHERIMEL.
RESIDING AT SAIKRIPA, KEECHERIMEL MURI,
CHENGANNUR VILLAGE, CHENGANNUR TALUK,
ALAPPUZHA DISTRICT, PIN - 689121. (DIED)
3 DR.RAJAGOPAL
AGED 80 RESIDING AT KADAVELATH HOUSE,
KEECHERIMEL MURI, CHENGANNUR VILLAGE,
CHENGANNUR TALUK, ALAPPUZHA DISTRICT
PIN - 689121. (DIED)
O.P.(C) No. 2346 of 2025
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4 G.RAJASEKHARAN NAIR
AGED 62 RESIDING AT ELAYIDATH HOUSE,
KEECHERIMEL MURI, CHENGANNUR VILLAGE,
CHENGANNUR TALUK, ALAPPUZHA DISTRICT,
PIN - 689 121.
5 B.JAYAKUMAR
S/O BHASKRAN NAIR, KALLURETH HOUSE,
KEZHERIMEL MURI, CHHENGANNUR, ALAPPUZHA,
PIN - 689 121.
6 SREEKRISHNA VILASWOM NSS 698 KARAYOGOM
KEEZHCHERIMEL CHENGANNUAR VILLAGE,
CHENGANNUR TALUK REPRESENTED BY B. JAYAKUMAR,
CONVENER, AD HOC COMMITTEE, PIN - 689 121.
BY ADVS.
SRI.R.T.PRADEEP
SHRI.NIRANJAN T. PRADEEP
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 2346 of 2025
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JUDGMENT
(Dated this the 17th day of October, 2025)
This Original Petition is filed for issuing direction
to the Munsiff Court, Chengannur to dispose of the IA
No.715/2015 in O.S.No.50/2015 in a time bound manner.
2. A report has been sought for from the concerned
Court, wherein, report dated 15.10.25 is received.
3. Heard the arguments of the learned counsel for
the petitioner and the learned counsel for the respondents.
4. After hearing the arguments, it is came to the
knowledge of this Court that the IA No.715/2015 filed by
the plaintiff/petitioner, was previously dismissed by the trial
court. Later, it was set aside by the appellate court and
remitted back for fresh consideration vide judgment dated
23.02.2023 with a direction to implead all necessary parties
in the petition. But, the said IA is still pending. Therefore,
the petitioner is approached before this Court to issue
2025:KER:77743
necessary direction to the court concerned for speedy
disposal of the IA No.715/2015.
5. The respondents counsel submits that the
petitioner already approached the trial court by filing IA
No.12/25 for speedy disposal of the said IA No.715/2015
and the IA No.12/25 also dismissed by the trial court.
6. The submission of the respondent counsel is
placed on record.
7. Having perused the report of the trial court.
Where the trial court also stated, after remitting back the
IA 715/15, Interlocutory applications were filed, IA
Nos.11/25, 12/25, 13/25 were all pending for impleading
the necessary parties. IA No.438/16 is pending and all
impleading applications and objections were called. The
said applications were posted for hearing. The trial court
also requested time to dispose the said IA after disposed of
those IAs.
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8. Considering the facts, it is necessary to issue
direction to the court concerned.
9. Accordingly, this petition is disposed with a
direction to the Munsiff Court, Chengannur to dispose of the
IA 715/15 in O.S.No.50/2015 within 30 days after
completion of hearing and dispose of those IA Nos.11/25,
12/25, 13/25 and any other IAs if order on IAs are not
challenged by any of the parties before the appellate court.
Sd/-
K. NATARAJAN JUDGE
S.M.K.
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APPENDIX OF OP(C) 2346/2025
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF PLAINT IN OS NO. 50 OF 2015 DATED 22.01.2015 BEOFRE THE MUNSIFF COURT, CHENGANNUR Exhibit P2 THE TRUE COPY OF IA 229/2015 FILED IN OS 50 OF 2015 OF MUNSIFFS COURT, CHENGANNUR Exhibit P3 THE COPY OF UNDERTAKING DATED 20.03.2015 FILED BY THE SECOND DEFENDANT AS THE SECRETARY OF FIRST DEPENDENT IN IA 229/2015 FILED IN OS 50 F 2015 OF MUNSIFFS COURT, CHENGANNUR Exhibit P4 THE TRUE COPY OF ORDER IN IA 229/2015 FILED IN OS 50 OF 2015 OF MUNSIFFS COURT, CHENGANNUR DATED 24.03.2015 Exhibit P5 THE COPY OF IA 715 OF 2015 IN OS 50/20015 OF MUNSIFFS COURT, CHENGANNUR DATED 25.05.2015 Exhibit P6 THE COPY OF ORDER DATED IN IA 715/2015 DATED 15.09.2015 IN OS 50/2015 OF MUNSIFFS COURT, CHENGANNUR Exhibit P7 THE TRUE COPY OF ORDER IN CMA NO.
07/2017 DATED 23.02.2023 SUB COURT, CHENGANNUR Exhibit P8 THE TRUE COPY OF IA 10/2024 IN OS 50/2015 OF MUNSIFFS COURT, CHENGANNUR DATED 25.06.2024
DATED 24.06.2025 Exhibit P10 THE TRUE COPY OF IA 438/2016 FILED IN OS 50/2015 DATED 27.02.2016 Exhibit P11 THE COPY OF OBJECTION IA 438/2016 FILED IN OS 50/2015DATED 04.03.2017 Exhibit P12 THE COPY OF IA NO.12/2025 IN OS NO.
50/2015 OF MUNSIFFS COURT DATED 24.06.2025
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Exhibit P13 THE COPY OF IA 11/2025 IN OS NO.
50/2015 OF MUNSIFFS COURT, CHENGANNUR Exhibit P14 THE TRUE COPY OF IA NO 6 OF 2024 IN OS NO 50/2015 OF MUNSIFFS COURT, CHENGANNUR
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