The court emphasizes the necessity of timely judicial proceedings to prevent the alienation of property under dispute.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE K. NATARAJAN THURSDAY, THE 20 TH DAY OF NOVEMBER 2025 / 29TH KARTHIKA, 1947 OP(C) NO. 2932 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN OS NO.250 OF 2021 OF ADDITIONAL MUNSIFF COURT, PALAKKAD PETITIONER/S:

DEVAPRASAD @ PANAN AGED 67 YEARS S/O LATE VASUDEVAN, MELAPPURA VEEDU, KADAKURISSI, KANNADI P.O., PALAKKAD, PIN - 678701 BY ADVS.

SRI.BINOY VASUDEVAN SRI.SREEJITH SREENATH SMT.RINCY KHADER SMT.K.V.RAJESWARI RESPONDENT/S:

PRABHALA CHANDRIKA W/O LATE SUKUMARAN, AGED ABOUT 67 YEARS, NIRANJANA HOUSE, - 678001 KOPPAM NEAR LION’S SCHOOL, PALAKKAD DISTRICT, PIN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2025, ALONG WITH OP(C).2915/2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT OP(C) Nos.2915 & 2932/2025, both petitions are filed for issuing direction to the Additional Munsiff Court, Palakkad for speedy disposal of the interlocutory applications filed by the petitioner for restoration of RPIA No.3183/2025 in OS No.488/2020 and RPIA No.3182/2025 in O.S No.250/2021, in a time-bound manner.

2.Heard the learned counsel for the petitioner.

3.The learned counsel for the petitioner submits that the petitioner is the plaintiff in both suits, which are filed for partition. It is further submitted that one of the defendants had appeared before this court and obtained an order directing the trial court to dispose of the suits within a period of one year from the date of completion of the pre-trial steps.

4.When the case was posted for evidence on 18.10.2025, the learned counsel for the petitioner was present, but the petitioner was unable to adduce evidence. Consequently, the trial court dismissed both the suits for non-prosecution. Immediately thereafter, the petitioner filed these restoration petitions on 22.10.2025.The matters now stand adjourned to 24.11.2025 after issuance of notice. It is further submitted that, in the meantime, the respondents are trying to alienate the schedule property which is under challenge. Therefore, prayed for issuing a direction to the concerned court for the speedy disposal of the interlocutory applications for restoration.

5. Considering the facts and circumstances of the case, it is necessary to issue directions to the court concerned.

Accordingly, the original petitions are disposed of with a direction to the Additional Munsiff Court, Palakkad, to dispose of RPIA No.3183/2025 in OS No.488/2020 and RPIA No.3182/2025 in O.S No.250/2021 within one month from 24.11.2025.