IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 FAO.No. 266 of 2007() --------------------- AGAINST THE ORDER IN IA. 103 /2007 IN OS.7/2007 of PRINCIPAL SUB COURT,KOCHI .................... APPELLANT/PETITIONER/PLAINTIFF -------------------------------------------------- K.J.SEBASTIAN, AGED 46 YEARS, BUSINESS, S/O. JOSEPH, CC 23/1345-A, KATTISSERY HOUSE, PRESENTLY RESIDING AT 'THRIKKARTHIKA', NEAR SAI CLINIC, P.GANGADHARAN ROAD, RAMESWARAM VILLAGE, PALLURUTHY, COCHIN-682 006, IS THE PLAINTIFF. BY ADV. SRI.SAJI MATHEW SMT.MABLE.C.KURIAN RESPONDENT(S): RESPONDENT/DEFENDANT ----------------------------------------------------------------- P.K.SUHARA, W/O. LATE KOCHUNNI, RESIDING AT CC 23/2188, PALLIKADAVIL HOUSE, PALLURUTHY NORTH MURI, RAMESWARAM VILLAGE, KOCHI TALUK, COCHIN-682 006. ADV. SRI.TOM JOSE FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 266 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of July, 2009. JUDGMENT Raman, J, Appeal against an order recording the undertaking given by the respondent that he will not alienate the property without leave of the court and hence it served the same purpose of granting injunction and therefore injunction was refused. It is against the said order that the present appeal is filed. 2. During the pendency of the appeal, there is a direction made by this court that the respondent shall not encumber the property thus it served the purpose that the defendant will not alienate the property. We have passed an order not to encumber the property. Therefore the said order also will continue till the disposal of the suit, however, enabling the defendant to apply to the court for modification in case of any change of circumstance. Subject to the above, the appeal is dismissed. P.R. Raman, Judge P. Bhavadasan, Judge sb.