IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943 OP(C) NO. 801 OF 2021 AGAINST THE ORDER/JUDGMENT IN AS 56/2018 OF SUB COURT, CHERTHALA, ALAPPUZHA PETITIONER/S:

KOCHANAKULANGARA DEVASWAM REP. BY ITS TRUSTEE, KAIKARA, CHELATTU, MANJEZHAM, KUNDUMBAYOGAM TRUST REG. NO.A 153/2009, CHARAMANAGALAM, MUHAMMA P.O., CHERTHALA, REP.BY ITS SECRETARY, C.R.

GOPALAKRISHNAN, S/O.GOVINDA MENON, AGED 69, JAYA NIVAS, CHARAMANGALAM MURI, THANNERMUKKOM SOUTH VILLAGE, ALAPPUZHA DISTRICT 688 527 BY ADVS.

P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER SMT.B.ANUSREE RESPONDENT/S:

1 CHARAMANGALAM EAST N.S.S.KARAYOGAM REG. NO.1617, REP. BY ITS PRESIDENT, CHARAMANGALAM, MUHAMMA POST, ALAPPUZHA 688 525

2 CHARAMANGALAM EAST N.S.S. KARAYOGAM REG. NO.1617, REP. BY ITS SECRETARY, CHARAMANGALAM, MUHAMMA POST, ALAPPUZHA 688 525

3 CHARAMANGALAM EAST N.S.S. KARAYOGAM REG. NO.1617, REP. BY ITS TREASURER, CHARAMANGALAM, MUHAMMA POST, ALAPPUZHA 688 525

4 N.S.S. UNION CHERTHALA REP.BY ITS SECRETARY, NSS UNION OFFICE, CHERTHALA, ALAPPUZHA DISTRICT 688 524

5 NAIR SERVICE SOCIETY REP.BY ITS REGISTRAR, HEAD QUARTERS, PERUNNA, CHANGANACHERRY, KOTTAYAM DISTRICT 686 101

6 THANKAPPAN NAIR S/O.KRISHNA PILLAI, VELIPPARAMABIL, CHARAMANGALAM MURI, THANNERMUKKOM SOUTH VILLAGE, ALAPPUZHA DISTRICT 688 527

7 OORALI KUDUMBAYOGAM REGISTER NO.A 97/98, CHARAMANGALAM MURI, THANNEERMUKKOM SOUTH VILLAGE, REP.BY ITS SECRETARY G. ANILKUMAR, S/O.GOPALAKRISHNAN NAIR, USHA NIVAS, CHARAMANGALAM MURI, ALAPPUZHA 688 527

8 PARAMBUVELIKKAKATHU KUDUMBA DHARMA DAIVA SAMRAKSHNA SAMITHI REP.BY ITS PRESIDENT, MOHANACHANDRAN, S/O.GANGADHARA MENON, ROSE GARDENS, CHARAMANGALAM MURI, ALAPPUZHA 688

527

9 CHIRAYIL KUDUMBA KSHETHRA YOGAM TRUST REP.BY ITS PRESIDENT SOMASUNDARAN A/O.VELAYUDHA MENON, CHARAMANGALAM MURI, THANNEERMUKKOM SOUTH VILLAGE, ALAPPUZHA 688 527

10 KAIKKARA CHELATTU KUDUMBAYOGA TRUST REG. NO.1616/06, KAIPPURAM, MUHAMMA P.O., REP.BY ITS SECRETARY K.P.SADASIVAN NAIR, S/O.PARAMESWARA PANICKER, KARTHIKA, MUHAMMA P.O., CHARAMANGALAM MURI, ALAPPUZHA 688

525

11 MANJEZHAM KUDUMBAYOGAM TRUST REG. NO.264/05, CHARAMANGALAM MURI, MUHAMMA P.O., REP. BY ITS PRESIDENT PRABHAKARAN NAIR, S/O.KRISHNAN NAIR, CHALAMADATHIL, MATTATHIL, MUHAMMA P.O., ALAPPUZHA 688 525

12 N.S.S KARAYOGAM NO.4413 CHARAMANGALAM, REP. BY ITS PRESIDENT, CHARAMANAGALAM P.O., ALAPPUZHA 688 527

13 N.S.S. KARAYOGAM NO.4413 CHARAMANGALAM, REP. BY ITS SECRETARY, CHARAMANAGALAM P.O., ALAPPUZHA 688 527

14 N.S.S. KARAYOGAM NO.4413 CHARAMANGALAM, REP. BY ITS TREASURER, CHARAMANAGALAM P.O., ALAPPUZHA 688 527 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 2nd day of August, 2021 The petitioner is the plaintiff in O.S No.343 of 2009 of the Additional Munsiff's Court, Cherthala, now pending in appeal on the files of the Subordinate Judge's Court, Cherthala as A.S No. 56 of 2018. The prayer in this original petition is for expeditious disposal of two interlocutory applications filed in the appeal.

2. In the report called for by this Court, the learned Sub Judge has stated that report has not been filed by the Advocate Commissioner appointed at the appellant's instance and that, the Commissioner has been directed to file the report forthwith. The learned Judge has also stated that the interlocutory applications can be disposed in two months.

3.Sri. Hariharaputhran, learned Counsel appearing for the 1^st respondent submits that the appeal itself is ripe for hearing and hence rather than directing disposal of the interlocutory applications, the court below may be directed to dispose the appeal itself.

4.Sri.S.V Balakrishnan Iyer, learned Senior Counsel appearing for the petitioner submits that the interlocutory applications were necessitated due to the 1^st respondent's attempt to alienate the plaint schedule properties and to commit waste therein. Therefore, if the appeal is