IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 FAO.No. 77 of 2011() -------------------- AGAINST THE ORDER DATED 18/12/2010 IN IA 4467/2010 IN AS.176/2010 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT/RESPONDENT/IST RESPONDENT/IST DEFENDANT: --------------------------------------------------------------------- UNNIKRISHNAN, S/O.PERUMPADAPPIL GOVINDHANKUTTY, RESIDING AT EASTERN SIDE OF CHENDRAPPINNI, CHENDRAPPINNI VILLAGE, KODUNGALLUR TALUK. BY ADV. MR.G.SREEKUMAR (CHELUR) MR.K.RAVI (PARIYARATH) RESPONDENT/PETITIONER/APPELLANT/PLAINTIFF: ------------------------------------------------------- MUHAMMED, S/O.MUNNAKKAPARAMBIL BAVU, CHENDRAPPINNI VILLAGE, DESOM, KODUNGALLUR TALUK. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ F.A.O.No.77 Of 2011 ---------------------- Dated this the 14th day of March, 2011. J U D G M E N T The appeal is filed challenging the interim order in I.A.No.4467/2010 in A.S.No.176/2010 on the file of the Additional Sub Court, Irinjalakkuda. The court accepted the statement of the learned counsel for the appellant that on the dismissal of the suit, there is every chance of changing the nature of the property and pathway may be tampered with. 2. The court issued interim injunction in order to preserve the suit property finding that it is highly necessary to grant an interim order. The interim order was passed by the court taking into account the facts and circumstances of the case. I do not find any reason to interfere with the order under challenge. 3. The learned counsel for the appellant requested this Court that a direction may be issued for an early disposal of the appeal. The appellant is at liberty to move the appellate court for ::2:: F.A.O.No.77 Of 2011 an early disposal of the appeal and in that event the court below shall consider whether the appeal can be disposed of within a time frame. Without prejudice to the right of the appellant to move the appellate court, the appeal is dismissed. No order as to costs. HARUN-UL-RASHID, Judge. bkn/-