IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE

21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946 O.P.(C) NO.2916 OF 2024 (AGAINST THE ORDER/JUDGMENT IN OS NO.34 OF 2015 OF MUSNIFF COURT, ADOOR)

PETITIONER/RESPONDENT NO.2:

MANOJ MATHEW, AGED 58 YEARS, S/O. CHERIYAN MATHEW, VADAKADUTH THOTTATHIL, PANNIVIZHA MURI, ADOOR VILLAGE, PATHANAMTHITTA, PIN 691 523 –

BY ADVS.

MATHEW KURIAKOSE J.KRISHNAKUMAR (ADOOR)

MONI GEORGE SHAJI P.K.

ARUN KRISHNAN P.V.

ARUN.S.

PREETHU JAGATHY RESPONDENTS/PLAINTIFF & DEFENDANT NO.1:

1 JOSE MATHEW, AGED 67 YEARS, LEELA SADANAM, MOONNALAM MURY, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA, PIN 691 523 –

2 ALEYAMMA GEORGE, AGED 88 YEARS, POOZHIKADU, KUDASSANADU P.O., VIA PANDALAM, PATHANAMTHITTA, PIN 689 512 –

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2024, THE COURT ON 21.02.2025 DELIVERED THE FOLLOWING:

JUDGMENT (Dated:21^st February, 2025)

The prayer in this original petition is to direct the learned Munsiff Court, Adoor, to dispose of O.S.No.34 of 2015 within a time frame.

2. The petitioner is the 2^nd defendant in O.S.No.34 of 2015 on the files of the Munsiff Court, Adoor. The suit is filed for declaration of title, recovery of possession, fixation of boundary, mandatory injunction to remove the structures, and for prohibitory injunction against trespass. Despite service of summons, the 1^st defendant remained absent and was set ex-parte. Thereafter, the petitioner filed a written statement. The suit was dismissed for default on 12.08.2022, due to the absence of the plaintiff, and later the suit was restored. The petitioner, therefore, prays for a time-bound disposal of the suit. 3. A report was called for on 18.12.2024 and a report dated

20.01.2025 was received, wherein it is stated that, on 12.01.2024, the plaintiff filed a survey commission application which was allowed, and the case was posted for commissioner report. The petitioner herein also filed a work memo to ascertain the matters by the Advocate Commissioner, and the commissioner filed a report. Thereafter, the case was posted to 31.01.2025, for pre-trial steps.

Taking into consideration the fact that the suit was filed in the year 2015, and now it is posted for pre-trial steps, I deem it appropriate to dispose of the suit within six months from the completion of pre-trial steps.

This Original Petition (C) is disposed of.

Sd/-

BASANT BALAJI, JUDGE ss APPENDIX OF OP(C) 2916/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO. 34/2015 ON THE FILES OF THE MUNSIFF’S COURT, ADOOR Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY 2ND DEFENDANT IN O.S. NO.34/2015 ON THE FILES OF THE MUNSIFF’S COURT, ADOOR