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Kerala High Court
Ajith Kumar vs Indian National Congress Party (I) on 23 February, 2026
Author: Murali Purushothaman
Bench: Murali Purushothaman
2026:KER:16099
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
OP(C) NO. 265 OF 2026
EA 119/2024 IN EP NO.70 OF 2014 OF ADDITIONAL MUNSIFF
COURT, NEDUMANGAD
PETITIONER/1ST RESPONDENT:
AJITH KUMAR
AGED 55 YEARS
S/O. PARAMESWARAN NAIR, KOTTIYATHARA VEEDU,
CHITTUVEETTU MURI, THOLICODE VILLAGE,
NOW RESIDING AT AKSHAYA HOUSE, MELAMCODE,
PAZHAKUTTY P.O., NEDUMANGAD VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 541.
BY ADVS.
SRI. P.PARAMESWARAN NAIR
SMT. SREELATHA PARAMESWARAN NAIR
SRI. ABHILASH T.
RESPONDENTS/CLAIM PETITIONER & RESPONDENTS:
1 INDIAN NATIONAL CONGRESS PARTY (I)
REPRESENTED BY NEDUMANGAD BLOCK CONGRESS
COMMITTEE PRESIDENT, T.ARJUNAN, AGED 58 YEARS,
S/O. THANKAPPAN PILLAI, KARTHIKA, MELAMCODE,
PAZHAKUTTY P.O., KARIPPOOR VILLAGE,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695 541.
2 JAYAKUMAR @ NETTIRACHIRA JAYAN
AGED 59 YEARS
S/O. KUNJUKRISHNA PILLAI, VAZHALI VEEDU,
NETTIRACHIRA, KARIPPOOR VILLAGE,
NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695 541.
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OP(C) NO.265 OF 2026
2
3 JAYAKUMAR @ ANAD JAYAN
AGED 62 YEARS
BHASKARA VILASAM VEEDU, VAZHOTTUKONAM,
ANAD P.O., ANAD VILLAGE, NEDUMANGAD TALUK,
THIRUVANANTHAPURAM, PIN - 695 541.
4 SUKUMARAN @ KALLAYAM SUKU
AGED 58 YEARS
KALLAYAM P.O, MUKKOLA, VATTAPPARA VILLAGE,
NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN - 695 043.
5 CHANDRASEKHARAN NAIR @ VATTAPPARA CHANDRAN
AGED 70 YEARS
ANIL HOUSE, NEAR P.M.S DENTAL COLLEGE,
VATTAPPARA, VATTAPPARA VILLAGE,
VENKODE P.O., NEDUMANGAD TALUK,
THIRUVANANTHAPURAM DISTRICT,
PIN - 695 028.
6 SURESH KUMAR @ KARUPPOORU SURESH
AGED 56 YEARS
S/O. APPUKUTTAN, SURESH BHAVAN, KARANTHALA,
KARUPPOORU VILLAGE, NEDUMANGAD TALUK,
THIRUVANTHAPURAM, PIN - 695 541.
7 M. SATHEESAN KUMAR
AGED 54 YEARS
S/O. MANIKANTHAN NAIR, RETNAVILLA, VANDA,
KARUPPOORU VILLAGE, NEDUMANGAD P.O.,
THIRUVANTHAPURAM DISTRICT,
PIN - 695 541.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(C) NO.265 OF 2026
3
JUDGMENT
The petitioner is the decree holder in O.S No.454
of 2010 on the files of the Court of the Civil Judge
(Junior Division), Nedumangad. The suit was decreed
on 16.07.2014 and the appeal and the second appeal
filed were dismissed confirming the judgment and
decree. The petitioner filed E.P No.70 of 2014 for
execution of the decree and the 1st respondent filed
E.A No.119 of 2024 claiming that they are in
possession of the decree schedule properties and the
decree is not executable.
2. This original petition is filed contending that
the petitioner is physically sick and the matter is
being prolonged and he prays for a direction to the
learned Civil Judge (Junior Division) to dispose of E.A
No.119 of 2024 and E.P No.70 of 2014 in O.S No.454
of 2010, as expeditiously as possible, within a time
frame to be fixed by this Court. It is submitted that
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OP(C) NO.265 OF 2026
though an early posting petition has been filed as
Ext.P2 before the Execution Court, the same is not so
far considered.
3. On 04.02.2026, this Court directed the
Registry to call for a report from the Additional Munsiff
Court, Nedumangad as to the minimum time required
to dispose of E.P. No.70 of 2014 and E.A No.119 of
2024. The learned Munsiff has forwarded a report
which reads as follows:-
"E.P 70 of 2014 is filed before this Court
seeking to execute the decree in O.S 454 of
2010 in which plaintiff's title over plaint A
schedule property was declared and plaintiff
was allowed to recover possession of plaintiff
B and C schedule properties from the
defendants after dismantling the structure in
plaint C schedule property. On 24.07.2024,
Ameen was deputed for execution of the
decree. However, thereafter he submitted a
report stating that execution could not be
effected due to obstruction caused by about
60 congress workers at the site.
Subsequently, E.A 119 of 2024 claim petition
was filed, along with applications for
appointment of Advocate Commissioner. All
the connected applications have since been
disposed of. The claim petition in E.A.119 of
2024 presently stands posted for evidence to
24.02.2026.
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OP(C) NO.265 OF 2026
In view of the Pendency of the claim
petition for recording of evidence and also
considering the intervening civil court
vacation during April, it is respectfully
submitted that a period of 4 months may
kindly be granted for disposal of the
execution petition."
4. Heard the learned counsel for the petitioner.
In the nature of the order I propose to pass in this
original petition, notice to the respondents is
dispensed with.
In view of the report received from the Additional
Munsiff Court, Nedumangad, I am of the view that no
orders are necessary in this original petition. The
learned Munsiff shall take earnest steps to dispose of
the matter, as expeditiously as possible.
The original petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SPR
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OP(C) NO.265 OF 2026
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 07.06.2023 IN RSA
980/2019.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FILED FOR
DISPOSING OF THE EXECUTION APPLICATION
AS WELL AS THE EXECUTION PETITION NO.
E.A.NO.119/2024 IN E.P. NO.70/2014,
HON'BLE COURT CIVIL JUDGE (JUNIOR
DIVISION) NEDUMANGAD.
EXHIBIT P3 TRUE COPY OF B-DIARY IN E.A. NO.119/2024
IN E.P. NO.70/2014 IN O.S.NO.454/2010.
RESPONDENTS EXHIBITS: NIL.
