IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 FAO.No. 88 of 2008() -------------------- AGAINST THE ORDER DATED 19.12.2007 IN IA 4605/2007. IN OS.444/2007 of PRINCIPAL SUB COURT, PALAKKAD .................... (S): APPELLANTS/RESPONDENTS/DEFENDANTS: ------------------------------------------------------ 1. SAJITH, S/O.THAJUDEEN, RESIDING AT UDUKURUNJIKALAM, PERUMATTY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. 2. BADARUDHEEN, S/O.BAPPU RAWTHER, RESIDING AT KOSAVANKODE, THATTAMANGALAM VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): RESPONDENT/PETITIONER/PLAINTIFF: ----------------------------------------------- C.MOIDEENKUTTY, S/O.ALAVI, RESIDING AT MELE CHERUTH HOUSE, ERUMAKKARA STREET, YAKKARA VILLAGE, PALAKKAD DISTRICT. ADV. SMT.PRABHA R.MENON FOR R1 SRI.M.KRISHNAKUMAR FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- F.A.O. No. 88 of 2008 ---------------------------------------------- Dated 2nd December, 2008. J U D G M E N T Sankaran, J. The defendants in O.S.444/2007 on the file of the Sub Court, Palakkad, against whom an order of temporary injunction was passed in I.A.4605/07 have challenged the said order in this appeal. 2. The main grievance pointed out by the appellants is that the court below passed the final order in the injunction application without hearing the second defendant and without issuing notice to the second defendant. That is not disputed by the respondent also. 3. In view of the fact that the second defendant was not heard, the order dated 19.12.2007 in I.A.4605/07 cannot be sustained. At the same time, this order can be treated as an ad interim order of injunction restraining the first appellant/first defendant from selling the plaint schedule property. After hearing the parties, the court can pass appropriate final orders in FAO NO.88/08 2 the interlocutory application, untrammelled by any observations/ findings in the order dated 19.12.2007. The appeal is disposed of as above. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- F.A.O. No. 88 of 2008 ---------------------------------------------- J U D G M E N T Dated 2nd December, 2008.