IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 FAO.No. 144 of 2008() --------------------- AGAINST THE ORDER IN IA 3225/2007 IN OS.597/2007 of PRL.SUB COURT,THRISSUR .................... APPELLANT/PETITIONER/PLAINTIFF:- ---------------------------------------------------- SOMANATHAN, S/O KAPPATT KAMALAKSHY AMMA, RESIDING AT "AMRITHAM" KARTHYAYANI TEMPLE ROAD,AYYANTHOLE VILLAGE, THRISSUR TALUK. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S)/RESPONDENT/DEFENDANT: --------------------------------------------------------------- SAVITHRY ANTHARJANAM, D/O RAMAN NAMBOODHIRIPAD, RESIDING AT KIZHAKKINIYEDATH MANA, AYYANTHOLE VILLAGE, THRISSUR TALUK. ADV. SRI.C.A.CHACKO FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 144 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of July, 2009. JUDGMENT Raman, J, Plaintiff is the appellant. Suit is one for specific performance. In that, he filed an application seeking temporary injunction restraining the defendant from encumbering or alienating the property during the pendency of the suit. The court below dismissed the application, against which the present appeal is filed. 2. It is submitted that during the pendency of the appeal, property has been transferred in the absence of an order of injunction as sought for. Therefore the present appeal has become infructuous. Whether or not the transfer is hit by the rule of lis pendens and what are the reliefs, if any, entitled to by the plaintiff are matters which the appellant can urge before the court below in the suit. The appeal is dismissed as infructuous. P.R. Raman, Judge P. Bhavadasan, Judge sb.