Court emphasized the need for trial court to expedite proceedings and consider amendments based on prevailing circumstances.

JUDGMENT

The challenge in this petition mainly pertains to Ext.P9 order passed by the Sub Court, Muvattupuzha in I.A. No. 1302/2019 in C.M.A. No. 28/2018. By the said order, the court directed the petitioner herein to remove the obstructions in the plaint E schedule property, viz., the portion of a tomb projecting into the pathway and the firewood kept therein, within a period of 45 days.

2. Heard the learned counsel appearing for the petitioners and the respondents.

3. During the course of hearing, both sides submitted that the original petition can be disposed of by directing the trial court to take evidence in the suit and to dispose of it on merits. It was also sought that permission be granted to both sides to amend the pleadings, if found necessary.

In the light of the above submission, the original petition is disposed of as follows:

(a) It is clarified that the implementation of Ext.P9 order will be subject to the final outcome in the suit.

(b) If the parties take steps for amending their pleadings, the court shall consider it in the light of the subsequent events.

(c) The trial of the suit shall be commenced at the earliest.

Sd/-

P.KRISHNA KUMAR, JUDGE dlk/24/2/