IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 28682 of 2008(S) -------------------------- AGAINST THE ORDER DATED 04/08/2008 IN IA. 643/2008 IN OP.327/2008 OF THE FAMILY COURT, THIRUVANANTHAPURAM. .................... PETITIONER: ----------------- BALAKRISHNAN NADAR, S/O. CHERIYAN NADAR AGED 57, PARUTHYVILA VEEDU, MURIANKARA, PARASALLA P.O., THIVANDRUM DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT: ------------------- BABY, W/O. BALAKRISHNAN NADAR, PARUTHYVILA VEEDU, MURIANKARA, PARASSALA P.O. THIVANDRUM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.28682 OF 2008 -------------------------------- Dated this the 26th day of September, 2008 JUDGMENT Raman,J. This writ petition is filed against the order disallowing the prayer for restraining the respondent herein from alienating the property. The marriage subsists between the parties and that both of them are living in the same house. Hence, an injunction was granted restraining the respondent from forcibly evicting the petitioner from the residential house. But the court below declined to grant the relief restraining the respondent from alienating the property. The reason stated is that at present there is no prayer in the O.P. for a declaration of title, which stands in the name of the respondent. In the absence of such a declaration sought for and in view of the fact that the property now stands in the name of the respondent, the court below rightly held that temporary injunction cannot be granted. However, this will not stand in the way, in case -2- WP(C).No.28682/08 subsequently the O.P. is amended and in the changed circumstances such a relief is sought for. Without pronouncing anything on merits this writ petition is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.