Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943 (ARISING FROM IA.NO.3908/2019 IN IA.NO.3623/2019 IN OS.NO.523/2012 OF THE PRINCIPAL MUNSIFF'S COURT, CHERTHALA) PETITIONERS/PLAINTIFFS: 1 DEVAYANI, AGED 46 YEARS W/O. MURALEEDHARAN, PUTHUNIKARTHIL, WARD-9, KOCHI CORPORATION, MATTANCHERRY VILLAGE, KANAYANNOOR TALUK, KOCHI, PIN-688534.
2 SIDHARDHAN, AGED 41 YEARS, S/O. AYYAPPAN, KOOMBEL NIKARTHIL, AROOR MURI, AROOR VILLAGE, 3 ANIRUDHAN, AGED 38 YEARS, S/O.AYYAPPAN, KOOMBEL NIKARTHIL, AROOR MURI, AROOR VILLAGE, 4 HARIDAS, AGED 34 YEARS, S/O. AYYAPPAN, KOOMBEL NIKARTHIL, AROOR MURI, AROOR VILLAGE, CHERTHALA-688534.3 3333 BY ADVS. S.ABHILASH VISHNU MONISHA K.R RESPONDENTS/DEFENDANTS:
1.OMANA, AGED ABOUT 55 YEARS, W/O.LATE HARIHARAN, MULLEKOOMBEL, AROOR MURI, AROOR VILLAGE, CHERTHALA TALUK, CHERTHALA-688 534.
2. REJIMON, AGED ABOURT 34 YEARS, S/O.HARIHARAN , MULLEKOOMBEL, AROOR MURI, AROOR VILLAGE, CHERTHALA TALUK,
3. DINESAN, AGED ABOUT 50 YEARS, CHAKKUMTHARA THEKKE NIKATHIL, AROOR VILLAGE,
4. SADANANDAN, AGED ABOUT 50 YEARS, S/O.KRISHNAN, CHAKKUMTHARA THEKKE NIKARTHL, AROOR VILLAGE, CHERTHALA-688 534.
5. PADMINI, AGED ABOUT 45 YEARS, W/O.SADANANDAN, CHAKKUMTHARA THEKKE NIKARTHIL, AROOR VILLAGE, CHERTHALA-688534.
6. BHAIMY, AGED ABOUT 45 YEARS, SISTER OF SADANANDAN, CHAKKUMTHARA THEKKE NIKARTHIL,
7. RAJAMMA, AGED ABOUT 50 YEARS, SISTER OF SADANANDAN, CHAKKUMTHARA THEKKE NIKARTHIL,
8. RUGMINI, AGED ABOUT 65 YEARS, CHIRAYIL,
9. SARASU, AGED ABOUT 60 YEARS, CHIRAYIL, AROOR VILLAGE, CHERTHALA-688534.
10. KARTHIYAYINI, W/O.LATE HARIHARAN, MULLEKOOMBEL, AROOR MURI, AROOR VILLAGE, CHERTHALA TALUK, CHERTHALA-688 534.
11. MINI, D/O.LATE HARIHARAN, MULLEKOOMBEL,
12. SUNI, D/O.LATE HARIHARAN, MULLEKOOMBEL,
13. SEEMA, D/O.LATE HARIHARAN, MULLEKOOMBEL,
14. KALA, W/O.LATE SOMAN, MULLEKOOMBEL, AROOR
15. SWATHI, D/O.LATE SOMAN, MULLEKOOMBEL,
16. KANNAN, S/O.LATE SOMAN, MULLEKOOMBEL,
17. JAYASREE, W/O.DINESAN, CHAKKUMTHARA
THEKKE NIKATHIL, AROOR MURI, AROOR VILLAGE, 18.SAJEEVAN, S/O.THANKAPPAN, CHAKKUMTHARA THEKKE NIKATHIL, @THAVARANA, AROOR MURI, AROOR, CHERTHALA-688534. 19.OMANA, AGED 75 YEARS, W/O.THANKAPPAN(LATE) CHAKKUMTHARA THEKKE NIKATHIL, AROOR MURI, AROOR VILLAGE, CHERTHALA TALUK,
20. RAJEEVAN, C.T, AGED 46 YEARS, S/O.THANKAPPAN (LATE) CHAKKUMTHARA THEKKE NIKATHIL, AROOR
21. PRADEEP C.T., AGED 40 YEARS, S/O.THANKAPPAN, (LATE) CHAKKUMTHARA THEKKE NIKATHIL, AROOR
22. BINDU, AGED 36 YEARS, D/O.THANKAPPAN, CHAKKUMTHARA THEKKE NIKATHIL, AROOR MURI, AROOR VILLAGE, CHRTHALA TALUK, THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGEMENT
The petitioners are the plaintiffs in OS.No.523 of 2012 before the Principal Munsiff Court, Cherthala, which was a suit for fixation of boundary and also for
recovery of possession of property allegedly encroached by the defendants. When the suit came up for trial, the plaintiffs sought an adjournment consequent to which the suit was dismissed for default. An application for restoration is pending
evidenced by Ext.P4. The grievance of the petitioners is
that Ext.P4 application is not taken up and heard. In the meanwhile, the defendants are making constructions in the property which form subject
matter of the suit.
2. Learned counsel for the petitioners vehemently sought for an interim order restraining the defendants from constructing the building, since they are taking advantage of the dismissal of the suit.
3. Having considered the fact that the status as on today and the nature of work being carried on allegedly by the defendants are not available, I am not inclined to grant the interim relief at this stage. It is submitted that the case now stands posted to 09.6.2021.
4. Having heard, the learned counsel for the petitioners, I am inclined to dispose of the Writ Petition itself, without notice to the respondents by
directing the Principal Munsiff Court, Cherthala, to take up IA.No.3908 of 2019 in IA.No.3623 of 2019 as expeditiously as possible and if possible on 09.06.2021 itself and pass appropriate order on the restoration application. If for any reason, the matter could not be heard and disposed on 09.06.2021 itself either due to on lifting of lockdown or any other reason, within 3 weeks after lifting of lockdown or three wees from 09.06.2021 onwards. Writ Petition is disposed of. Sd/- SUNIL THOMAS, JUDGE R.AV APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1: TRUE COPY OF OS.NO.523/2012 IS DATED 05.11.2012. EXHIBIT P2: TRUE COPY OF THE ORDER DATED 15.10.2019 IN IA.NO.3624/2019. EXHIBIT P3: TRUE COPY OF THE LIST OF PROCEEDINGS IN OS.NO.523/2012 OF THE PRINCIPAL MUNSIFF'S COURT, CHERTHALA FROM E-COURTS WEBSITE DATED 19.05.2021.
EXHIBIT P4: TRUE COPY OF IA.NO.3908/2019 IN IA.NO.3623/2019 IN OS.NO.523/2012 DATED 04.11.2019. EXHIBIT P5: TRUE COPY OF THE LIST OF PROCEEDINGS IN IA.NO.3908/2019 IN IA.NO.3623/2019 IN OS.NO.523/2012 OF THE PRINCIPAL MUNSIFF'S COURT, CHERTHALA FROM E-COURTS WEBSITE DATED 19.05.2021. EXHIBIT P6: TRUE COPY OF COMPUTER PRINTOUT OF PHOTOGRAPH SHOWING THE CONSTRUCTION MADE BY THE RESPONDETS DATED 19.05.2021. EXHIBIT 06(A) TRUE COPY OF SECOND COMPUTER PRINTOUT OF PHOTOGRAPH SHOWING THE CONSTRUCTION MADE BY THE RESPODENTS DATED 19.05.2021.
RESPONDENT'S/S EXHIBITS NIL