IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 OP(C).No. 1085 of 2010(O) ------------------------- PETITIONERS/APPELLANTS/PLAINTIFFS ----------------------------------------------------- 1. K.APPU,AGED 650 YEARS, S/O.KOCHU DASAN, THADATHARIKATHU VEEDU,CHETTIKUNNU, VAZHICHAL PO, OTTASEKARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 2. K.MANIYAN , AGED 62 YEARS, S/O.KOCHU DASAN, THADATHARIKATHU VEEDU,CHETTIKUNNU, VAZHICHAL PO, OTTASEKARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 3. M.SURESH BABU,AGED 35 YEARS, S/O. MANIYAN, THADATHARIKATHU VEEDU,CHETTIKUNNU, VAZHICHAL PO, OTTASEKARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 4. M.SATHEESH BABU, AGED 32 YEARS, S/O.MANIYAN,THADATHARIKATHU VEEDU,CHETTIKUNNU, VAZHICHAL PO, OTTASEKARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. 5. A.PAPPACHAN,AGED 40 YEARS, S/O.K.APPU,THADATHARIKATHU VEEDU,CHETTIKUNNU, VAZHICHAL PO, OTTASEKARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENTS/RESPONDENTS/DEFENDANTS ----------------------------------------------------------------- 1. A.VIJAYAMMA,AGED 50 YEARS,D/O.ALICE, MOONGATTUKONAM, KIZHEKKUMKARA VARUVILAKATHU VEEDU KATTAKKADA PO, KALLTHUMMAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM 695572. 2. H.JOSEPH, AGED 47 YEARS, S/O.HARIS, KIZHEKKUMKARA VARUVILAKATHU VEEDU, KATTAKKADA PO, KALLTHUMMAL VILLAGE,NEYYATTINKARA, THIRUVANANTHAPURAM 695572. OP(C).No. 1085 of 2010(O) ------------------------------------- 3. A.SAROJINI (MARIYAKKUTTY), D/O.ALICE, AGED 48 YEARS, NIDHI VILLA, MEKKUMKARA, PALOTHUKONAM, VALIYANCODE PO 695008, NEYYATTINKARA, THIRUVANANTHAPURAM. 4. H.VARGHESE, AGED 45 YEARS, S/O.HARIS, MOONGATTUKONAM, KIZHAKKUMKARA VARUVILLAKATHU VEEDU ,KATTAKKADA, NEYYATTINKARA,THIRUVANANTHAPURAM 695572. 5. A.BABY, AGED 40 YEARS, D/O.ALICE, NIDHI VILLA, MEKKUMKARA, PALOTHUKONAM,VALIYANCODE PO, NEYYATTINKARA, THIRUVANANTHA PURAM 695572. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK K.T.SANKARAN, J. ------------------------------ O.P(C).No.1085 OF 2010 ------------------------------ Dated this the 20 th day of January, 2011 JUDGMENT The plaintiffs in O.S.No.15 of 2007 on the file of the Court of Additional Munsiff-II, Neyyattinkara, filed I.A.No.110 of 2007 for temporary injunction. The trial court dismissed the application for temporary injunction, as per the order dated 27 th February, 2007. On appeal by the petitioners as CMA No.22/2007 Sub Court, Neyyattinkara, the appellate court confirmed the order passed by the trial court and dismissed the CMA. The appellate court directed the trial court to dispose of the case expeditiously untrammeled by the observations in the Judgment. 2. The courts below considered the facts and circumstances of the case and held that prima facie, there is no evidence to show that the petitioners are in possession of the property. The O.P(C).No.1085 OF 2010 2 balance of convenience was also found to be not in favour of granting injunction. 3. In an Original Petition under Article 227 of the Constitution of India, it is not proper to arrive at a different finding on facts. The order and judgment passed by the courts below are based on findings of fact. No grounds are made out for interference with the concurrent findings of the courts below. 4. The learned counsel for the petitioners submitted that the courts below considered the merits of the case which may cause prejudice to the plaintiffs at the time of trial of the suit. The facts of the case and the evidence on record would be considered by the court in an application for temporary injunction only for the purpose of disposing of that application. Any finding or observation in such orders would not be binding on the court below at the time of disposal of the O.P(C).No.1085 OF 2010 3 suit. The lower appellate court directed the trial court to dispose of the suit expeditiously untrammeled by the observations made in the judgment. It is made clear that at the time of disposal of the suit, the trial court shall consider the merits of the case untrammeled by any observations made in the order or judgment in the application for temporary injunction. 5. The trial court shall expedite the trial of the suit and dispose of the same as expeditiously as possible. The Original Petition is disposed of as above. K.T.SANKARAN, JUDGE. cms