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M.S Shaji Vs Dr. George Cherian — Kerala HC (2025) — LawSathi Research

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Kerala HC
2025
M.S Shaji Vs Dr. George CherianM.S Shaji v. Dr. George Cherian

Disposed¶43

M.S Shaji v. Dr. George Cherian

Kerala HC21 Mar 2025OP(C)/296/2025

Case brief

AI extract

What is this about?

OP(C) 296/2025, Kerala High Court, Ernakulam, Justice Basant Balaji, decided 21.03.2025. Direction for time-bound (three-month) disposal of AS Nos. 72 of 2021 and 73 of 2021 pending before Addl. District & Sessions Court-IV, Kottayam; appeals against common judgment dated 12.08.2021 of Munsiff's Court, Changanacherry in OS 75/2017 and OS 217/2018; eviction suit decreed, injunction suit dismissed; vacant possession sought to conduct an Ayurvedic clinic for petitioner's daughter; damages of Rs.4,000/- for use and occupation from 02.08.2016; expedited disposal of long-pending appeals; parties M.S Shaji (petitioner) and Dr. George Cherian (respondent); advocates K.S. Prenjith Kumar and Bea Mary Benny.

What did the court decide?

Direction to the Trial Court (Addl. District & Sessions Court-IV, Kottayam) to take up AS Nos. 72 of 2021 and 73 of 2021 and dispose of them within three months from the date of receipt of a copy of the judgment.

Why is it important?

Having heard counsel for the petitioner and taking note of the report of the Addl. District & Sessions Judge-IV, Kottayam, the Court deemed it appropriate to direct the Trial Court to take up AS Nos. 72 of 2021 and 73 of 2021 and dispose of them within a period of three months from the date of receipt of a copy of this judgment. ¶41

What the court decided

AI extract

Outcome

Direction to the Trial Court (Addl. District & Sessions Court-IV, Kottayam) to take up AS Nos. 72 of 2021 and 73 of 2021 and dispose of them within three months from the date of receipt of a copy of the judgment.

Issue for consideration

Whether the High Court should direct expeditious disposal of AS Nos. 72 of 2021 and 73 of 2021 pending before the Additional District & Sessions Court - IV, Kottayam, the underlying suit being one for eviction to enable the petitioner to obtain vacant possession to conduct an Ayurvedic clinic for his daughter.

Court's answer

Having heard counsel for the petitioner and taking note of the report of the Addl. District & Sessions Judge-IV, Kottayam, the Court deemed it appropriate to direct the Trial Court to take up AS Nos. 72 of 2021 and 73 of 2021 and dispose of them within a period of three months from the date of receipt of a copy of this judgment.

Detailed headnote1 paragraphs

Kerala High Court (Basant Balaji, J.), OP(C) No. 296 of 2025, decided 21.03.2025: On an original petition by the respondent in AS Nos. 72 and 73 of 2021 on the files of the Additional District & Sessions Court-IV, Kottayam - appeals against a common judgment and decree dated 12.08.2021 of the Munsiff's Court, Changanacherry in OS No. 75 of 2017 (filed by the petitioner for declaration and use and occupation charges, decreed) and OS No. 217 of 2018 (filed by the respondent for permanent prohibitory injunction, dismissed), whereby the respondent was directed to vacate the plaint schedule room within two months and pay Rs.4,000/- as damages for use and occupation from 02.08.2016 until vacant possession is given - and upon a report dated 19.02.2025 showing the appeals only partly heard owing to the Judge's engagement in other old cases, the Court directed the Trial Court to take up both appeals and dispose of them within three months from receipt of a copy of the judgment. The original petition was disposed of.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE BASANT BALAJI

FRIDAY, THE 21^ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946

OP(C) NO. 296 OF 2025

AGAINST AS NO.72 OF 2021 OF DISTRICT COURT & SESSIONS COURT,

KOTTAYAM IN OS NO.217 OF 2018 OF MUNSIFF COURT, CHANGANACHERRY

PETITIONER/RESPONDENT:

M.S SHAJI

AGED 52 YEARS

S/O SAYED MUHAMMED, RESIDING AT ALUNKAL HOUSE, PERUNNA EAST MURI, CHANGANACHERRY VILLAGE, CHANGANACHERRY P.O, KOTTAYAM DISTRICT, PIN - 686101

BY ADVS. K.S.PRENJITH KUMAR BEA MARY BENNY

RESPONDENT/APPELLANT:

DR. GEORGE CHERIAN

S/O CHERIAN, AT KALLAMPARAMBIL HOUSE, KURUMPANADAM MURI, MADAPPALLY VILLAGE, PERUMPANACHI P.O, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN - 686536

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OPC 296/2025

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2025:KER:25138

JUDGMENT

(Dated this the 21^st day of March, 2025)

The petitioner herein is the respondent in AS Nos. 72 of 2021 and 73 of 2021 on the files of the Additional District

& Sessions Court – IV, Kottayam. The appeals are filed against a common judgment and decree dated 12.08.2021 in OS Nos. 75 of 2017 and 217 of 2018 of the Munsiff’s Court, Changanacheny. O.S. No. 75 of 2017 was filed by the petitioner herein for declaration and use and occupation charges, and O.S. No.217 of 2018 was filed by the respondent herein for permanent prohibitory injunction. By a common judgment dated 12.08.2021, O.S. 217 of 2018 filed by the respondent herein was dismissed, and O.S. 75 of 2017 filed by the petitioner was decreed. The respondent herein was directed to vacate the plaint schedule room within a period of two months and also pay Rs.4,000/- as damages for use and occupation of the plaint schedule room from 02.08.2016 till the

OPC 296/2025

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-

2025:KER:25138

vacant possession is given.

The grievance of the petitioner is that though

the appeal was filed as early as in 2021 and posted many times, it is not finally disposed of. Since the suit is one for eviction and to obtain the vacant possession to conduct an Ayurvedic clinic for his daughter, the disposals of the appeals as early as possible is highly necessary. Therefore, seeks a direction to dispose of the same.

A report was called for, and a report dated 19.02.2025 is received, wherein it is stated that the appeals

were heard in part, and now the appeals are posted for further hearing to 06.03.2025. As the Judge is engaged in other old cases, the present appeals could not be considered.

Having heard the counsel for the petitioner

and taking note of the report of the Addl. District & Sessions Judge-IV, Kottayam, I deem it appropriate to direct the Trial

Court to take up AS Nos. 72 of 2021 and 73 of 2021 and

OPC 296/2025

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-

2025:KER:25138

dispose of the same within a period of three months from the

date of receipt of a copy of this judgment.

The original petition is disposed of.

Sd/-

BASANT BALAJI

JUDGE

JS

OPC 296/2025

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-

2025:KER:25138

APPENDIX OF OP(C) 296/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMMON JUDGMENT DATED 12.08.2021 IN OS NOS. 217 OF 2018 AND OS 75 OF 2017 OF THE MUNSIFF’S COURT, CHANGANACHERRY Exhibit P2 A TRUE COPY OF AS NO. 72 OF 2021 FILED BY RESPONDENT HEREIN Exhibit P3 A TRUE COPY AS NO. 73 OF 2021 FILED BY THE RESPONDENT HEREIN Exhibit P4 THE POSTING DETAILS OF AS 72 OF 2021 ON THE FILES OF LD. ADDITIONAL DISTRICT & SESSIONS COURT-IV, KOTTAYAM

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the High Court should direct expeditious disposal of AS Nos. 72 of 2021 and 73 of 2021 pending before the Additional District & Sessions Court - IV, Kottayam, the underlying suit being one for eviction to enable the petitioner to obtain vacant possession to conduct an Ayurvedic clinic for his daughter.¶31
The court held
Having heard counsel for the petitioner and taking note of the report of the Addl. District & Sessions Judge-IV, Kottayam, the Court deemed it appropriate to direct the Trial Court to take up AS Nos. 72 of 2021 and 73 of 2021 and dispose of them within a period of three months from the date of receipt of a copy of this judgment.ratio¶41

Procedural history

How this case reached the court

AI extract

Prior proceeding
Common judgment and decree dated 12.08.2021 in OS Nos. 75 of 2017 and 217 of 2018 of the Munsiff's Court, Changanacherry: O.S. 217 of 2018 (permanent prohibitory injunction, filed by Dr. George Cherian) was dismissed and O.S. 75 of 2017 (declaration and use and occupation charges, filed by M.S Shaji) was decreed; the respondent was directed to vacate the plaint schedule room within two months and pay Rs.4,000/- as damages for use and occupation from 02.08.2016 until vacant possession is given.¶24
Prior proceeding
AS Nos. 72 of 2021 and 73 of 2021 were preferred against the common judgment and are pending before the Additional District & Sessions Court - IV, Kottayam; the petitioner M.S Shaji is the respondent in both appeals.¶23
Prior proceeding
A report dated 19.02.2025 called for by this Court stated that the appeals had been heard in part and were posted for further hearing to 06.03.2025; as the Judge was engaged in other old cases, the appeals could not be considered.¶33

Parties & counsel

AI extract

petitioner
M.S SHAJI¶9
K.S.PRENJITH KUMAR, BEA MARY BENNY
respondent
DR. GEORGE CHERIAN¶14

Coram

AI extract

BASANT BALAJIauthor¶3

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 21 Mar 2025 · March
Registered: 29 Jan 2025
Case no.: OP(C)/296/2025
CNR: KLHC010089952025
Bench: Basant Balaji
Disposal: DISPOSED OF
Case type: OP(C)

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Cite this judgement

M.S Shaji v. Dr. George Cherian, OP(C)/296/2025 (KL), decided on 21 March 2025.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Common judgment and decree dated 12.08.2021 in OS Nos. 75 of 2017 and 217 of 2018 of the Munsiff's Court, Changanacherry: O.S. 217 of 2018 (permanent prohibitory injunction, filed by Dr. George Cherian) was dismissed and O.S. 75 of 2017 (declaration and use and occupation charges, filed by M.S Shaji) was decreed; the respondent was directed to vacate the plaint schedule room within two months and pay Rs.4,000/- as damages for use and occupation from 02.08.2016 until vacant possession is given.
AS Nos. 72 of 2021 and 73 of 2021 were preferred against the common judgment and are pending before the Additional District & Sessions Court - IV, Kottayam; the petitioner M.S Shaji is the respondent in both appeals.

View full history

Bench / Coram

BASANT BALAJI

Parties & counsel