IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 FAO.No. 274 of 2009() --------------------- AGAINST THE ORDER DATED 15/10/2009 IN IA 1276 /2008 IN OS.198/2008 of PRINCIPAL SUB COURT,ATTINGAL .................... COUNTER PETITIONER/DEFENDANT: ------------------------------------------------- SAJIDA, AGED 46 YEARS, D/O.(LATE) AYUB SAHIB, SAJIDA MANZIL, MANMAMPOOR VILLAGE, CHIRAYINKEEZHU TALUK. BY ADV. SRI.N.R.SURESH KUMAR SRI.S.JIJI RESPONDENT(S): PETITIONER/PLAINTIFF: ------------------------------------ AZAD, S/O. ABDUL REHIMAN, AGED 46 YEARS, F.N.NIVAS, VETTOOR VILLAGE AND DESOM, CHIRAYINKEEZHU TALUK. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ``````````````````````````````````````````````````````` F.A.O. No. 274 OF 2009 ``````````````````````````````````````````````````````` Dated this the 29th day of October, 2009 J U D G M E N T Joseph, J. The appellant is the defendant in the suit for specific performance. The respondent filed an application seeking injunction against the appellant from alienating or committing waste in respect of the plaint schedule property. The application for injunction stands allowed. The appeal is against the said order. 2. We heard learned counsel for the appellant. The learned counsel for the appellant would contend that the property is worth about Rs.1 crore and the appellant is given only Rs.1,50,000/- and essentially it was a loan transaction and great prejudice is caused. 3. The trial court has found that the signature is admitted and the question has to be decided in the suit itself and found it fit to grant an injunction. We are not inclined to interfere with the exercise of the discretion in the matter. But, we feel that, in the FAO.274/09 : 2 : circumstances, the suit can be directed to be expedited. Accordingly, while rejecting the appeal, we direct the Sub Court, Attingal to take up O.S. No.198/08 and dispose of the same finally before 28-02-2010. (K.M.JOSEPH, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) aks