IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 FAO.No. 322 of 2009() --------------------- AGAINST THE ORDER DATED 13/11/2009 IN IA 20 OF 2009 IN OS.8/2009 of SUB COURT, MAVELIKKARA .................... APPELLANT IN FAO/CR.PETITIONER/DEFENDANT ----------------------------------------------------------------------- P.A.HILAL BABU, S/O.LATE P.K.KUNJU, PUTHENPURAYIL HOUSE, KAYAMKULAM. BY ADV. SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN RESPONDENT: PETITIONER/PLAINTIFF ------------------------------------------------------- ABEES, S/O.LATE P.A.SAIF, ARAFAT, (FORMERLY PUTHENPURAYIL), R.C.CHURCH ROAD, KAYAMKULAM. ADV. SRI.GEORGE VARGHESE FOR R1 SRI.A.R.DILEEP FOR R1 SRI.GEORGE RAJU FOR R1 SMT.SURYA SASI FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 322 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of December, 2009 JUDGMENT Joseph, J. This appeal is directed against an order passed in I.A. No. 20 of 2009 in O.S. No. 8 of 2009. The said application was filed by the respondent/plaintiff seeking an injunction against alienation of the plaint schedule property. The court below has passed an order of injunction restraining the respondent from alienating the plaint schedule property till the disposal of the suit. 2. We heard the Senior counsel for the appellant, Sri.S.V. Balakrishna Iyer and Shri. George Varghese Perumpallikuttiyil, on behalf of the respondent. 3. After having heard the learned counsel for the parties, we are not inclined to interfere with the order. The F.A.O. No. 322 of 2009 2 matter requires adducing of evidence. But we feel, at the same time, that the interest of justice requires that a direction should be given to the court below to dispose of the suit itself finally at the earliest and within a time limit. 4. Accordingly, while dismissing the appeal, we direct the court below to dispose of the suit finally on or before the closing day of the Courts for midsummer vacation, 2010, untrammeled by anything contained in the order impugned or in this judgment. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm