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Kerala High Court
Thomas K J vs K.J Jose on 18 February, 2026
Author: T.R. Ravi
Bench: T.R.Ravi
2026:KER:14519
OP(C) NO. 2623 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
OP(C) NO. 2623 OF 2025
AGAINST THE ORDER DATED 15.09.2025 IN IA 3/2025 IN
FDIA NO.4 OF 2020 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM
(RENT CONTROL)
PETITIONERS:
1 THOMAS K J
AGED 59 YEARS
SON OF LATE JERMIAS EAZHATHU HOUSE KK ROAD KALOOR
PO ERNAKULAM, PIN - 682017
2 RANI THOMAS
AGED 54 YEARS
WIFE OF THOMAS KJ 61/2747C EAZHATHU HOUSE KK ROAD
KALOOR PO ENRAKULAM, PIN - 682017
3 JERRY THOMAS
AGED 27 YEARS
SON OF KJ THOMAS 61/2747C EAZTHATHU HOUSE KK ROAD
KALOOR PO ERNAKULAM, PIN - 682017
4 ADIK THOMAS
AGED 21 YEARS
SON OF KJ THOMAS 61/2747C EAZTHATHU HOUSE KK ROAD
KALOOR PO ERNAKULAM, PIN - 682017
BY ADVS.
SRI.ANIL PRASAD
SRI.C.N.SREEKUMAR
SMT.MANJU PAUL
SRI.SABU P.JOSEPH
SMT.ANILA ANTONY
SHRI.BEYON T. VARGHESE
2026:KER:14519
OP(C) NO. 2623 OF 2025
2
ESPONDENTS:
1 K.J JOSE
AGED 53 YEARS
SON OF LATE V JERMIAS NO 63/2539 ABCD EZHATHU
HOUSE KK ROAD KALOOR PO ERNAKULAM, PIN - 682017
2 KJ PAUL
AGED 56 YEARS
SON OF LATE V JERMIAS NO 63/2539 ABCD EASTHATHU
HOUSE KK ROAD KALOOR PO ERNAKULAM, PIN - 682017
BY ADVS.
SRI.AMAL GEORGE
SHRI.MANU GEORGE KURUVILLA
SHRI.PARAMESWARAN S.D.
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:14519
OP(C) NO. 2623 OF 2025
3
T.R. RAVI, J.
--------------------------------------------
O.P(C). No. 2623 of 2025
--------------------------------------------
Dated this the 18th day of February, 2026
JUDGMENT
This original petition has been filed challenging an
order whereby a prayer was made for directing the
respondents to produce the title deed relating to the
properties covered by 'A' schedule. The allegation made by
the petitioners is that the properties have been mortgaged
and strangers have been put in possession.
2. A counter affidavit had been filed by the
respondents denying the above allegations and stating that
the documents are with them. If the intention of the
petitioners is only to ensure that the title deeds are still
available and since the respondents do not have a case that
they have parted with the properties, no prejudice will be
caused to respondents by producing the document before
the court. It is submitted that the final decree proceedings
2026:KER:14519
OP(C) NO. 2623 OF 2025
have proceeded and the Commissioner has already filed a
report.
In the above circumstances, this original petition is
disposed of, directing the III Additional Munsiff Court,
Ernakulam to consider and dispose of F.D.A.No.4 of 2020 at
the earliest, at any rate, within four months from the date
of receipt of a copy of this judgment. The court shall also
call for the original documents as sought for in I.A.No.3 of
2025 in F.D.A.No.4 of 2020 in O.S.No.1512 of 2016 to
satisfy itself regarding the availability of the original
documents with the respondents and permit the
respondents to take back the documents after such
verification.
Sd/-
T.R.RAVI
JUDGE
LEK
2026:KER:14519
OP(C) NO. 2623 OF 2025
APPENDIX OF OP(C) NO. 2623 OF 2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED
29/06/2019 IN O.S NO.1512 OF 2016 OF
THE HON'BLE THIRD ADDITIONAL MUNSIFF
COURT AND RENT CONTROLLER, ERNAKULAM
Exhibit P2 TRUE COPY OF THE DECREE DATED
29/06/2019 IN O.S NO.1512 OF 2016 OF
THE HON'BLE THIRD ADDITIONAL MUNSIFF
COURT AND RENT CONTROLLER, ERNAKULAM
Exhibit P3 TRUE COPY OF THE FINAL DECREE
APPLICATION NO. 4 OF 2020 DATED
09/01/2020 FILED BY THE RESPONDENTS
BEFORE THE HON'BLE THIRD ADDITIONAL
MUNSIFF COURT AND RENT CONTROLLER,
ERNAKULAM
Exhibit P4 TRUE COPY OF THE COMMISSION REPORT
DATED 27/03/2024 FILED BY ADV. ALBERT
JOSEPH ANGAMALY IN F.D.A NO. 4 OF 2020
IN O.S. NO. 1512 OF 2016 BEFORE THE
THIRD ADDITIONAL MUNSIFF COURT AND RENT
CONTROLLER, ERNAKULAM
Exhibit P5 TRUE COPY OF THE AFFIDAVIT DATED
19/07/2024 FILED BY THE PETITIONER
Exhibit P6 TRUE COPY OF THE AFFIDAVIT DATED
19/07/2024 FILED BY THE RESPONDENTS
Exhibit P7 TRUE COPY OF THE I.A NO. 6 OF 2023
DATED 05/06/2023 IN F.D.A NO. 4 OF 2020
IN O.S. NO. 1512 OF 2016 BEFORE THE
THIRD ADDITIONAL MUNSIFF COURT AND RENT
CONTROLLER, ERNAKULAM
Exhibit P8 TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 25/11/2024 FILED IN I.A NO. 6 OF
2023 IN F.D.A NO. 4 OF 2020 IN O.S. NO.
1512 OF 2016 BEFORE THE THIRD
ADDITIONAL MUNSIFF COURT AND RENT
CONTROLLER, ERNAKULAM
Exhibit P9 TRUE COPY OF THE I.A NO.3 OF 2025 DATED
21/03/2025 FILED IN F.D.A NO. 4 OF 2020
IN O.S. NO. 1512 OF 2016 BEFORE THE
THIRD ADDITIONAL MUNSIFF COURT AND RENT
2026:KER:14519
OP(C) NO. 2623 OF 2025
CONTROLLER, ERNAKULAM
Exhibit P10 TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 09/09/2025 FILED IN BY THE
RESPONDENTS IN I.A NO.3 OF 2025 IN
F.D.A NO. 4 OF 2020 IN O.S. NO. 1512 OF
2016 BEFORE THE THIRD ADDITIONAL
MUNSIFF COURT AND RENT CONTROLLER,
ERNAKULAM
Exhibit P11 TRUE COPY OF THE ORDER DATED 15/09/2025
IN I.A NO.3 OF 2025 IN F.D.A NO. 4 OF
2020 IN O.S. NO. 1512 OF 2016 OF THE
THIRD ADDITIONAL MUNSIFF COURT AND RENT
CONTROLLER, ERNAKULAM
