IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 FAO.No. 125 of 2007() --------------------- (AGAINST ORDER IN IA 207/07 IN OS.24/2007 DT.13.3.2007 of I ADDL.SUB COURT, KOZHIKODE) .................... APPELLANT/PETITIONER/PLAINTIFF -------------------------------------------------- MANAYIL PRABHAKARAN, AGED 53 YEARS, S/O AYYAPPAN, NELLIKODE VILLAGE, NELLIKODE DESOM,KOZHIKODE. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENT(S): RESPONDENTS/DEFENDANTS ------------------------------------- 1. CHEMPAKASSERI BEBY, AGED 58 YEARS, SWASTHAM, W/O KUNHIKANNAN, NELLIKODE VILLAGE, NELLIKODE DESOM, KOZHIKODE. 2. POKKALATH SATHIABHAMA, AGED 54 YEARS, SWASTHAM, W/O POKKALATH RAVEENDRAN, NELLIKODE VILLAGE, NELLIKODE DESOM, KOZHIKODE. ADV. SRI.C.P.MOHAMMED NIAS THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- FAO 125 OF 2007 -------------------------------------------------------- Dated 18th August 2009 Judgment RAMAN, J. This is an appeal against an order dismissing a temporary injunction application against alienation. The suit is one for specific performance. The injunction application was moved to restrain the respondents from alienating the plaint schedule property or committing any waste therein, till the disposal of the suit. Ex parte injunction was granted, but on appearance by the respondents, the order was vacated and the application was dismissed, against which the present appeal is filed. 2. Though an attempt was made to settle the matter between the parties, outside court during the pendency of the appeal, that did not fortify. This court however, passed an interim order saying that except by way of settlement between the parties, the respondents will not alienate the property. That order still continues. In the circumstances, we extend the said FAO 125/07 2 interim order to be in force till the disposal of the suit. The appeal is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta FAO 125/07 3