IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 FAO.No. 50 of 2008() -------------------- AGAINST THE ORDER DATED 12/02/2008 IN IA.353/2008 IN OS.1/2008 of DISTRICT COURT, THRISSUR .................... APPELLANT/RESPONDENT/DEFENDANT: -------------------------------------- MICHEAL ANGELO, AGED 38 YEARS, S/O.DEVASSY, MANJAPPRAKKARAN HOUSE, DONBOSCO ROAD, KURIACHIRA, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT/PETITIONER/PLAINTIFF: ---------------------------------- K.OO.THOBI, AGED 40 YEARS, S/O.OUSEPH, KALLUKKARAN HOUSE, AVINISSERY HOUSE, THRISSUR, PROPRIETOR M/S.ANGEL GOLD ORNAMENTS AND WORKS, NEAR BALASADANAM, IV/42-A, AVINISSERY, THRISSUR. BY ADV. SRI.K.P.DANDAPANI (SR) AND SHRI MILLU DANDAPANI THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- F.A.O.No.50 of 2008 ------------------------------------------------- Dated, this the 7th day of March, 2008 JUDGMENT This F.A.O. is filed by the defendant in O.S.No.1/2008 on the file of the District Court, Thrissur challenging an exparte order of injunction granted by the trial court. Appellant seeks extension of interim order. The prayer is opposed by the learned senior counsel appearing for the respondent. It is argued that interim order was obtained by the appellant by suppressing material facts. I do not think it is just and proper to express any opinion regarding the merits of the rival contentions raised by both sides. The appeal is filed against an exparte order passed in I.A.No.353/2008. Learned counsel for the appellant himself admits that the appellant/defendant had already entered appearance before the court below in the interim application and filed counter. So the proper course open to me is to dispose of this appeal with a direction to the trial court to hear and dispose of I.A.No.353/2008 in O.S.No.1/2008 as expeditiously as possible, at any rate, before the court closes for summer vacation. With the above observation, this F.A.O. is closed. I.A.No.746/2008 in F.A.O.No.50/2008 will stand dismissed. K. PADMANABHAN NAIR, JUDGE. cks