IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 FAO.No. 163 of 2010() --------------------- AGAINST THE ORDER DATED 27/03/2010 IN IA 1815/09 IN AS.145/2009 of SUB COURT,KOTTARAKKARA .................... APPELLANTS/PETITIONERS/APPELLANTS: --------------------------------------------- 1. KUNJUMON, AGED 65 YEARS S/O.KOCHUKUNJUN, THEKKUVILA PUTHEN VEEDU KIZHAKKE MURI, PUNNALA VILLAGE, PATHANAPURAM TALUK 2. JOBIN VARGHESE, AGED 22 YEARS S/O.VARHESE, JOBIN VILLA, KUNDAYAM MURI PATHANAPURAM VILLAGE & TALUK. BY ADV. MR.P.HARIDAS RESPONDENTS/COUNTER PETITIONERS/RESPONDENTS: -------------------------------------------------------------- 1. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM 2. EXECUTIVE ENGINEER,TRANSMISSION DIVISION KERALA STATE ELECTRICITY BOARD, PUNALUR. ADV. MR.C.K.KARUNAKARAN,SC,KSEB(NO MEMO) MR. ASOK M.CHERIYAN, SC, KSEB FOR R1 & 2 THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ F.A.O.No.163 Of 2010 ---------------------- Dated this the 8th day of July, 2010. J U D G M E N T This appeal is directed against the order dated 27.3.2010 in I.A.No.1815 of 2009 in A.S.No.145 of 2009 on the file of the Sub Court, Kottarakkara. The appellants are the appellants in A.S.No.145 of 2009. They filed an application for temporary injunction restraining the respondents and men under them from constructing fence or boundary wall demarcating the properties of the petitioners and that of the respondents and also from causing obstruction to the petitioners' facility for ingress and egress to their properties from the Kayamkulam-Punalur public road by fitting gate or fixing any other blocks in between the said road and petition schedule item No.1 property. 2. After hearing both sides the learned Sub Judge dismissed the I.A with an observation that whatever be the things done by the defendants in the place shall be at their risk and it will be subject to the result of the appeal. F.A.O.No.163 Of 2010 ::2:: 3. When the matter was taken up for hearing, both sides submitted that a direction may be issued to hear and dispose of A.S.No.145 of 2009. Therefore, a direction is issued to the court below to hear and dispose of the appeal within a period of three months from the date of receipt of a copy of this judgment. Parties shall maintain status quo as on today till the disposal of the appeal. The appeal is disposed of accordingly. Parties are directed to appear before the Sub Court, Kottarakkara on 22.7.2010 HARUN-UL-RASHID, Judge. bkn/-