IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 OP(C) NO. 800 OF 2024 OS NO.225 OF 2015 OF MUSNIFF COURT,ADOOR PETITIONER/PETITIONER/PLAINTIFF:

SARADA AGED 71 YEARS NILAMEL MUKALIL HOUSE MEELODU MURI PERINGANADU VILLAGE ADOOR TALUK PATHANAMTHITTA, PIN - 691554 BY ADVS.

PRAMEELA.C.K.

B.R.MURALEEDHARAN NEETHU NALINAKSHAN C.K.PREM RAJ RESPONDENT/DEFENDANTS:

1 SARASSAMMA AGED 70 YEARS PANNIVELIKKAL EDAPURAYIL MELOODU MURI PERENGANADU VILLAGE ADOOR THALUK PATHANAMTHITTA, PIN - 691554

2 RETNAMMA AGED 55 YEARS CHARUVULAYIL HOUSE KODUVATTOOR( MUTTOR P.O)

ODANAVATTAM KOTTARANAKKARA TALUK KOLLAM, PIN - 691512

3 JAGADAMMA AGED 50 YEARS THADATHIL VEEDU, (GOPIKA SADANAM) ERUMAKKADU, NALKKALIKKAL P.O., KIDAGANOOR VILLAGE, KOZHENCHERY TALUK, PATHANTHITTA, PIN - 689533

4 SUDHA AGED 49 YEARS OONAMKOTTUVILAYIL, KURAMPALA MURI, KURAMPALA VILLAGE, ADOOR TALUK, PATHANTHITTA, PIN - 689501

5 USHA AGED 51 YEARS SURENDRAN, PANNIVELIKKAL EDAPPURAYIL, MELOODU MURI, PERINGANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA-, PIN - 691554

6 SURENDRAN AGED 52 YEARS PANAVELIKKAL EDDAPURAYIL MELOODU MURI PERINGANADU VILLAGE ADOOR TALUK PATHANAMTHITTA, PIN - 691554 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

This Original Petition has been filed seeking expeditious disposal of I.A.6 of 2023, which is an application filed under Order 39 Rule 2(a) of CPC and I.A.No.7 of 2024 which is a commission application.

2. I have called for a report from the learned Munsiff. The learned Munsiff reported that the commission application has already been allowed and the case stands posted to 11.06.2024 for commission report. Without commission report, I.A.No.6 of 2023 cannot be disposed of. Hence, the prayer sought for in this original petition cannot be granted.

Accordingly, this Original Petition is dismissed.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS APPENDIX OF OP(C) 800/2024 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S. NO.

225/2020 OF MUNSIFF COURT, ADOOR EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO. 225/2020 OF MUNSIFF COURT, ADOOR EXHIBIT P3 THE TRUE COPY OF THE ADVOCATE COMMISSION REPORT DATED 18.08.2020 IN IA 2/2020 EXHIBIT P4 THE TRUE COPY OF THE COMMISSION APPLICATION DATED, 20.05.20232 (I.A. 5/2023) IN O.S. NO.225/2020 OF MUNSIFF COURT, ADOOR EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED

29.05.2023 IN I.A. 1/2020 IN O.S.

NO.225/2020 OF MUSIFF COURT, ADOOR EXHIBITP 6 THE TRUE COPY OF THE PROSECUTION PETITION I.A. 6/2023 IN O.S. NO.225/2020 OF MUNSIFF COURT, ADOOR EXHIBIT P7 THE PHOTOGRAPH OF THE ACTIVITIES CARRIED OUT BY THE RESPONDENTS IN THE SCHEDULE PROPERTIES ON 26.05.2023 EXHIBIT P8 THE PHOTOGRAPH OF THE ACTIVITIES CARRIED BY THE RESPONDENT IN THE SCHEDULE PROPERTIES ON 30.05.2023 EXHIBIT P9 THE PHOTOGRAPHS OF THE ILLEGAL ACTIVITIES CONTINUED BY THE RESPONDENTS IN THE SCHEDULE PROPERTIES EXHIBIT 9(A) THE PHOTOGRAPHS OF THE ILLEGAL ACTIVITIES CONTINUED BY THE RESPONDENTS IN THE SCHEDULE PROPERTIES EXHIBIT P10 THE TRUE COPY OF THE COMMISSION APPLICATION IN I.A. 7/2024 IN O.S.

NO.225/2020 OF MUSIFF COURT, ADOOR