IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 FAO.No. 9 of 2009() ------------------- AGAINST THE ORDER DATED 20/11/2008 IN IA.8090/2008 IN OS.1543/2008 of PRL.SUB COURT,THRISSUR .................... APPELLANT/2ND RESPONDENT/DEFENDANT ------------------------------------------------------ CHANDRAN, S/O. VAIKKATHU PARUKUTTY AMMA, KANIMANGALAM VILLAGE, NEDUPUZHA DESOM, THRISSUR TALUK. BY ADV. SMT.T.RESMI DAMODARAN RESPONDENT(S): PETITIONER ------------------------- 1. SIJI, S/O.KANIYATH SUBRAMANIAN, KANDANISSERY VILLAGE & DESOM, THALAPPALLY TALUK. 2. VARGHESE, S/O. PLAKKAN VARIED, CHEMBUKKAVU VILLAGE & DESOM, THRISSUR TALUK. 3. SYJAN, S/O. KANIYATH SUBRAMANIAN KANDANISSERY VILLAGE & DESOM, THALAPPALLY TALUK. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 19/01/2009, ALONG WITH FAO NO.11 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ. ---------------------------------------------- F.A.O Nos.9 & 11 of 2009 ---------------------------------------------- Dated 19th January, 2009. J U D G M E N T Kurian Joseph, J. Appellants are defendants 1 and 2 in I.A.8090/08 in O.S.1543/08 on the file of the Principal Sub Court, Thrissur. They are aggrieved by the interim order of injunction granted under Order 39 Rule 1 of the Civil Procedure Code. On a perusal of the impugned order, it is quite clear that one main reason for granting the injunction was that the appellants had violated the undertaking given before the trial court. Of course, there are other reasons also, as stated in the impugned order. Though the learned counsel appearing for the appellants have taken several contentions before us, including the contention that the court should have at least imposed conditions, we do not think that we should advert to all those contentions lest any observation made by us should affect the outcome of the trial. It is for the appellants to move the trial court, in case they want an expeditious disposal of the suit itself. Therefore, the appeals are disposed of making it clear that the disposal of the suit shall be untrammelled by any of the observations and findings in the FAO NO.9 & 11/09 2 impugned order. I.A.No.132/09 in FAO 9/09 & I.A.145/09 in FAO 11/09 : Dismissed. KURIAN JOSEPH, JUDGE. P.R.RAMACHANDRA MENON, JUDGE. tgs KURIAN JOSEPH & P.R.RAMACHANDRA MENON, JJ ---------------------------------------------- F.A.O Nos.9 & 11 of 2009 ---------------------------------------------- J U D G M E N T Dated 19th January, 2009.