Kerala High Court
Kunjatha vs Chellathal on 4 December, 2025
O.P.(C) No. 2922 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K. NATARAJAN
THURSDAY,THE 4TH DAY OF DECEMBER 2025/13TH AGRAHAYANA, 1947
OP(C) NO. 2922 OF 2025
AGAINST THE ORDER DATED 03.11.2025 IN EA NO.515/2025
IN OS NO.9 OF 1974 OF ASSISTANT SESSIONS COURT/PRINCIPAL
SUB COURT / COMMERCIAL COURT, PALAKKAD
PETITIONERS/PETITIONERS 1 TO 5 AND 10:
1 KUNJATHA
AGED 70 YEARS
W/O. KANNAN, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678 532.
2 KANNAMMA
AGED 55 YEARS
D/O. KUNJATHA, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678 532.
3 KANNAMMA
AGED 54 YEARS
D/O. KANNIAMMA, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678 532.
4 KAMALAL
AGED 52 YEARS
D/O. KANNIAMMA, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678 532.
5 SELVATHAL
AGED 50 YEARS
D/O. KANNIAMMA, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678532.
O.P.(C) No. 2922 of 2025
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6 RAMESH
AGED 48 YEARS
S/O. ARUMUGHAN, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678532.
BY ADVS.
SRI.S.VINOD BHAT
KUM.ANAGHA LAKSHMY RAMAN
SMT.V.NAMITHA
SMT.GITANJALI SADAN PILLAI
RESPONDENTS/RESPONDENTS AND PETITIONERS 6 TO 9:
1 CHELLATHAL
W/O. RAMASWAMY KOUNDER, RESIDING AT
THOTTICHIPADIYIL, PATTANCHERRY VILLAGE,
CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678532.
2 BHANUMATHI
D/O. CHELLATHAL, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678532.
3 MURUGESWARY
D/O. CHELLATHAL, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678532
4 SUSEELA
D/O. CHELLATHAL, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678532.
5 MANIKANDAN
S/O. CHELLATHAL, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT, PIN - 678532.
O.P.(C) No. 2922 of 2025
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6 MAHALINGAM
S/O. LATE KUMARASWAMY KOUNDER, RESIDING AT 6TH
MILE, VALIYAVALLAMPATHY, CHITTUR TALUK,
PALAKKAD, PIN - 678555.
7 MARIAPPAN (DIED)
THOTTICHIPATHI, PATTANCHERRY VILLAGE,
CHITTUR TALUK, PIN - 678532.
8 KUNJAL (DIED)
THOTTICHIPATHI, PATTANCHERRY VILLAGE,
CHITTUR TALUK, PIN - 678532
9 MURUGAN
S/O. LATE NAGAMMAL, RESIDING AT THOTTICHIPATHI,
PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD,
PIN - 678532
10 KALIYAPPAN
S/O. LATE LAKSHMI, RESIDING AT THOTTICHIPATHI,
PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD,
PIN - 678532
11 MARIYAPPAN
S/O. LATE LAKSHMI, RESIDING AT THOTTICHIPATHI,
PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD,
PIN - 678532
12 SUNDARASWAMY
S/O. NARAYANASWAMY KOUNDER, RESIDING AT
KARADIPARAKALAM, KUNNAMKATTUPATHY VILLAGE,
CHITTUR TALUK, PALAKKAD, PIN - 678101
13 SARASWATHY
W/O. LATE MARIAPPAN, RESIDING AT PLACHIMADA,
PERUMATTY VILLAGE, CHITTUR TALUK, PALAKKAD, PIN -
678534
14 PRIYA
D/O. LATE MARIAPPAN, RESIDING AT PLACHIMADA,
PERUMATTY VILLAGE, CHITTUR TALUK, PALAKKAD, PIN -
678534
O.P.(C) No. 2922 of 2025
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15 VIJAYAKUMARI
D/O. LATE MARIAPPAN, PLACHIMADA, PERUMATTY
VILLAGE, CHITTUR TALUK, PALAKKAD, PIN - 678534
16 KANNAN
H/O. KUNJAL, RESIDING AT CHAPPAKATTIL,
MUTHALAMADA VILLAGE, CHITTUR TALUK, PALAKKAD,
PIN - 678534.
17 VASANTHI
D/O. KUNJAL, RESIDING AT CHAPPAKATTIL,
MUTHALAMADA VILLAGE, CHITTUR TALUK, PALAKKAD,
PIN - 678534.
18 VANITHA
D/O. KUNJAL, RESIDING AT CHAPPAKATTIL,
MUTHALAMADA VILLAGE, CHITTUR TALUK, PALAKKAD,
PIN - 678534.
19 VELUCHAMI
S/O. KANNIAMMA, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678532
20 CHINNAVELLAYAPPAN
H/O. KANNIAMMA, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678532.
21 KANNAN
H/O. MYLA, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678532.
22 SELVARAJ
S/O. MYLA, RESIDING AT THOTTICHIPADIYIL,
PATTANCHERRY VILLAGE, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678532.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
04.12.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 2922 of 2025
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JUDGMENT
(Dated this the 4th day of December, 2025) This petition is filed for setting aside the orders in E.A.No.515/2025 and E.A.No.516/2025 in E.A.No.301/2019 in E.P.No.82/2018 dated 03.11.2025 passed by the Principal Sub Court, Palakkad.
2. Heard the arguments of the learned counsel for the petitioners. Notice issued to the respondents, but un- represented.
3. The case of the petitioners is that the 6th respondent said to be the 3 rd party claimant, filed the E.A No.301/2019 before the Principal Sub Court, Palakkad in the EP filed by the petitioners in EP No.82/2018. Previously, the court below passed an order the same was set aside by the High court in Ex.F.A.No.17/2025 with a direction to the execution court to dispose the said E.A.No.301/2019 within two months from the date of receipt of the advocate commissioner's report by giving O.P.(C) No. 2922 of 2025 6 2025:KER:94100 opportunity by judgment dated 19.08.2025. Subsequently, it remanded to the execution court, said to be appointed the Advocate commissioner and obtained the report, after the inquiry. Now, it is said to be posted for passing the order on E.A.No.301/2019 which is under challenge.
4. On perusal of the contentions, though the petitioners counsel challenged the very order of remitting back the commission report, but the High Court has already issued directions to the trial court in Ex.F.A.No.17/2025, granting an opportunity to the parties to lead evidence and pass an order within a period of two months from the date of receipt of the report from the Advocate Commissioner, and the time period granted is expiring on 20.12.2025. Now, the matter is said to be heard by the trial court and posted for order/judgment. If any order passed on inquiry under Order 21 Rule 97/98 of CPC that is deemed to be decree and it is challengeable by filing an appeal under Order 41 or under Section 96 of CPC. Such being the case, O.P.(C) No. 2922 of 2025 7 2025:KER:94100 if any decree aggrieved by the petitioners, the petitioners are required to approach the appellate court by taking all the contentions available to them. Therefore, the petitioners being decree holders already filed another EA No.517/2025 before the same court that is pending for adjudication, and due to the identity dispute of the property that application is also pending. Such being the case, when the court already issued direction to dispose the EA No.301/2019 which is pending for more than six years, it is not in a stage to stay the matter. The petition is devoid of merit.
Therefore, the original petition is disposed of. However, liberty granted to the petitioners for taking all the contentions in the appeal.
Sd/-
K. NATARAJAN JUDGE S.M.K. O.P.(C) No. 2922 of 2025 8 2025:KER:94100 APPENDIX OF OP(C) NO. 2922 OF 2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CLAIM PETITION FILED BY THE 6TH RESPONDENT AS E. A. NO.
301/2019 IN E. P. NO. 82/2019 IN O. S. NO. 9/1974 OF PRINCIPAL SUB COURT, PALAKKAD Exhibit P2 A TRUE COPY OF THE JUDGMENT DATED 19.08.2025 IN EX. F. A. NO. 17/2025 OF HIGH COURT OF KERALA Exhibit P3 A TRUE COPY OF THE REPORT DATED 21.10.2025 FILED BY THE ADVOCATE COMMISSIONER INI EA 301/2019 IN EP 82/2018 OF PRINCIPAL SUB COURT, PALAKKAD Exhibit P3(a) A TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P3 Exhibit P4 A TRUE COPY OF THE OBJECTIONS FILED TO EXT. P3 REPORT AND PLAN Exhibit P4(a) A TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P4 Exhibit P5 A TRUE COPY OF E. A. NO. 515/2025 IN E. A. NO. 301/2019 IN E. P. NO. 82/2018 IN O. S. NO. 9/1974 OF PRINCIPAL SUB COURT, PALAKKAD Exhibit P5(a) A TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P5 Exhibit P6 . A TRUE COPY OF E. A. NO. 516/2025 IN E. A. NO. 301/2019 IN E. P. NO. 82/2018 IN O. S. NO. 9/1974 OF PRINCIPAL SUB COURT, PALAKKAD Exhibit P6(a) A TRUE COPY OF THE ENGLISH TRANSLATION OF EXT. P6 Exhibit P7 A TRUE COPY OF THE COUNTER STATEMENT DATED 29.10.2025 FILED BY THE 6TH RESPONDENT TO EXT. P5 Exhibit P8 A TRUE COPY OF THE COUNTER STATEMENT DATED 29.10.2025 FILED BY THE 6TH RESPONDENT TO EXT. P6 O.P.(C) No. 2922 of 2025 9 2025:KER:94100 Exhibit P9 A TRUE COPY OF THE ORDER DATED 03.11.2025 IN EXT. P5 APPLICATION Exhibit P10 A TRUE COPY OF THE ORDER DATED 03.11.2025 IN EXT. P6 APPLICATION