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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 22^ND DAY OF SEPTEMBER 2026 / 31ST BHADRA, 1948 OP(C) NO. 807 OF 2026 AGAINST THE ORDER DATED 23.02.2026 IN IA 24/2017 IN OS NO.324 OF 2012 OF SUB COURT, SULTHANBATHERY PETITIONERS/RESPONDENTS 1,3 & 4/DEFENDANTS 1,3 & 4:

1 K.M. IBRAHIM AGED 85 YEARS MAIN ROAD, SUNTICOPA COORG DISTRICT, KARNATAKA, PIN - 571237

2 K.I. SHERIFF AGED 60 YEARS S/O K.M. IBRAHIM VALLIYOORKAVU ROAD, ARATTUTHARA MANANTHAVADY WAYANAD–, PIN - 670644

3 K.I.ABDURAHIMAN AGED 57 YEARS S/O K.M. IBRAHIM MAIN ROAD, SUNTICOPA COORG DISTRICT, KARNATAKA -, PIN - 571237 BY ADVS.

SRI.M.P.ASHOK KUMAR SMT.BINDU SREEDHAR SHRI.ASIF N RESPONDENTS/PETITIONERS 1,3,4 & RESPONDENTS 5&6/PLAINTIFFS

1,4,6,3,5:

1 MAKKIMALA TEA ESTATE (P) LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, REPRESENTED BY ITS PRESENT MANAGING DIRECTOR, R.

VENUGOPAL, HAVING REGISTERED OFFICE AT 425, DEVAMBA AGRAHAR, MYSORE ADMINISTRATIVE OFFICE AT

16/14, 2ND CROSS, COIMBATORE –TAMIL NADU, PIN -

641006

2 R. VENUGOPAL S/O K. RAMARAJ NOW RESIDING AT: 16/14, 2ND CROSS SHOBHANAGAR, AVARAMPALAYAM COIMBATORE – TAMIL NADU, PIN - 641006 3 V.K. SUDHARAM VADAKKEPARAMBIL HOUSE GOLDSMITH VELLIYANNOOR P.O.

KOTTAYAM DISTRICT, PIN - 686638

4 R. VARADARAJAN S/O. K. RAMARAJ, COMPANY EMPLOYEE NOW RESIDING AT

53A, SOUTH STREET NO. 2 AVARAMPALAYAM, GANAPATHI P.O. COIMBATORE – TAMIL NADU, PIN - 641006

5 S. RAMU S/O. SOMASUNDARAM RESIDING AT 53 A, SOUTH STREET NO. 2 AVARAMPALAYAM GANAPATHI P.O. COIMBATORE –

TAMIL NADU, PIN - 641006 BY ADV SHRI.BIJU ABRAHAM THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON

22.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R. RAVI, J.

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O.P(C). No. 807 of 2026 --------------------------------------------

Dated this the 22^nd day of September, 2026

JUDGMENT

The original petition has been filed challenging Ext.P6 order whereby the trial court has allowed an amendment application and permitted the plaintiffs to pay the court fee as per the amendment. The dispute has a chequered history. The defendants 1, 3 and 4 are the petitioners.

2. The suit is for a declaration that defendants 1 to 4 have not acquired any title to the plaint schedule property and for other reliefs. The suit was originally filed as O.P. No.32 of 2002 under Order XXXIII Rule 1 of the Code of Civil Procedure (CPC). I.A. No.230 of 2009 had been filed in O.P. No.32 of 2022 seeking permission to sue as indigent. By Ext.P1 order dated 16.03.2010, the said application was allowed, and the plaintiffs were directed to pay the court fee on the plaint by 30.03.2010. The plaintiffs did not pay the fee. Thereafter, an application was filed by the petitioners under Order VII Rule 11 of CPC. The trial court found that the contentions in the petition were liable to be accepted and granted time to the plaintiffs to properly value the suit and pay the court fee in accordance with the proper valuation. Time was granted till 05.11.2014. Since the directions in Ext.P2 order were not complied with, the plaint was rejected by Ext.P3 order dated 04.12.2014. The plaintiffs filed C.R.P. No.19 of 2015 before this Court, which was originally dismissed as infructuous. R.P. No.302 of 2015 was filed which was disposed of by Ext.P5 judgment, with liberty to challenge the order challenged in the revision petition in a properly constituted appeal.

3. RFA No.719 of 2015 was filed by the plaintiffs 1, 4 and 6 thereafter, which was disposed of by Ext.P6 judgment, granting one month’s time to the plaintiffs 1, 4 and 6 from the date of receipt of a copy of the judgment to properly value the suit and to pay the requisite court fee in accordance with law. Ext.P6 was dated 09.08.2016. The plaintiffs thereafter filed I.A. Nos.24 and 25 of 2017. I.A. No.25 of 2017 was a petition under Order XXXIII Rule 1 of CPC for declaring the plaintiffs 2 and 6 as indigent. I.A. No.24 of 2017 is an application seeking