IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TH TUESDAY, THE 4 DAY OF FEBRUARY 2025 / 15TH MAGHA, 1946 OP(C) NO. 2902 OF 2024 AGAINST THE ORDER/JUDGMENT IN OS NO.65 OF 2023 OF MUNSIFF COURT,KAYAMKULAM PETITIONER: ABDUL VAHID AGED 78 YEARS S/O KOYAKUTTY, KOTTAPURATHU HOUSE, NEAR STATE WARE HOUSE, KEERIKKAD (PART), KAYAMKULAM P.O, ALAPPUZHA, PIN - 690502 BY ADVS.

JOSEPH GEORGE T.A.AKBAR P.A.REJIMON NIKITA NAIR C.S.

VIVEKJOS PUTHUKULANGARA MAHIMA MERINE REJI RESPONDENTS:

1 LIYAKHATH KUTTY AGED 74 YEARS S/O KOYAKUTTY, KOTTAPURATHU HOUSE, KAYAMKULAM P.O, ALAPPUZHA, PIN - 690502

2 ASIYA BEEVI AGED 80 YEARS D/O KOYAKUTTY, ALUMOOTTIL, NEAR MINI CIVIL STATION, HARIPAD P.O, ALAPPUZHA, PIN - 690514

3 NOORJAHAN AGED 64 YEARS D/O KOYAKUTTY, PANIPURAVEEDU, KAYAMKULAM VILLAGE, KAYAMKULAM P.O, ALAPPUZHA, PIN - 690502

4 ADHABIYA BEEVI AGED 70 YEARS W/O SHAHUL HAMEED, MEDAMUKKU KUMBALATH HOUSE, KAYAMKULAM VILLAGE, KAYAMKULAM P.O, ALAPPUZHA, PIN -

690502

5 SHEBEER MUHAMMAD AGED 40 YEARS S/O SHAHUL HAMEED, MEDAMUKKU KUMBALATH HOUSE, KAYAMKULAM VILLAGE, KAYAMKULAM P.O, ALAPPUZHA, PIN -

690502

6 SABEENA AGED 37 YEARS D/O SHAHUL HAMEED, MEDAMUKKU KUMBALATH HOUSE, KAYAMKULAM VILLAGE, KAYAMKULAM P.O, ALAPPUZHA, PIN -

690502 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

04.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT (Dated this the 4^th day of February, 2025)

The original petition is filed for disposal of O.S.No.65 of

2023 pending before the Munsiff Court, Kayamkulam within a time frame.

2. The petitioner is a senior citizen aged 78 years. The suit is filed for partition of plaint item Nos. 1,2 and 3 properties and for the issuance of a permanent prohibitory injunction restraining the respondents or anybody under them from demolishing the residential building situated in plaint schedule item No.1 property or from committing waste there or from causing any obstruction to the peaceful residence of the petitioner and his family members.

3. A report was called for, and a report dated 28.12.2024 is received. As per the report, on 20.03.2023, the 1^st defendant entered appearance, and defendants 2 to 6 failed to appear before the Court. The case is posted to 20.01.2025 for written statement of the 1^st defendant. Only after the filing of a written statement by the 1^st defendant, settlement of issues and pre-

trial steps are completed, the trial can be conducted.

4. The learned counsel for the petitioner submits that on

20.01.2025, since no written statement is filed, the same is adjourned to 28.01.2025 and now to 15.02.2025.

Having heard the learned counsel for the petitioner as well as the respondent and after perusal of the report, since the petitioner is aged 78 years and the suit is for partition, I deem it appropriate to dispose of the original petition directing the Court below to dispose of the suit within six months after the completion of the pre-trial steps.

Sd/-

BASANT BALAJI, JUDGE Saap APPENDIX OF OP(C) 2902/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE PHOTOCOPY OF THE PLAINT IN O.S NO:

65/2023 OF THE HON’BLE MUNSIFF’S COURT KAYAMKULAM //True copy//PA to Judge