IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 FAO.No. 337 of 2010() -------------------------------- AGAINST THE ORDER DATED 14/07/2010 IN IA 1154/2010 IN OS.208/2010 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/PETITIONER/PLAINTIFF -------------------------------------------------- JAYASREE RAJENDRAN, D/O.R.VIJAYALAKSHMI AMMA, AGED 62 YEARS, SREERAJ, T.C.25/1727, MANJALIKULAM ROAD, THAMPANOOR, THIRUVANANTHAPURAM. BY ADVS. SMT.M.A.ZOHRA SRI.R.S.MADHU RESPONDENT(S): PLAINTIFFS ------------------------- 1. R.VIJAYALAKSHMI AMMA, W/O.LATE KRISHNAN NAIR, RESIDING AT T.C.15/1675(1) VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 2. JAYAROOP., S/O.LATE KRISHNAN NAIR, RESIDING AT T.C.15/1675(1), VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 3. JAYACHANDRAN NAIR ALIAS JOY, S/O.LATE KRISHNAN NAIR, RESIDING AT REMA DEVI MANDIRAM, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014 4. JAYACHITHRA, D/O.VIJAYALAKSHMI AMMA, RESIDING AT SOWBHAGYA, HOUSE NO.128/3, THOTTAKATTUKARA , ALUVA-683 108. R1 BY ADV. SRI.B.PREMNATH ADV. S.V.RAJAN(CAVEATOR) R2 BY ADVS. SRI.S.V.RAJAN, SRI.R.SUDHISH, SMT.M.MANJU , SMT.V.P.GEETHA KUMARY, SRI.A.N.PREMLAL, SRI.K.R.RANJITH, SMT.S.MANJU. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 08/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ FAO No.337 of 2010 ------------------------------------------------------------------------ Dated 8th December 2010 Judgment Thottathil.B.Radhakrishnan, J. This appeal is filed by the plaintiff in a suit for partition. She sought for an order of temporary injunction, restraining the second respondent herein from alienating the suit property, pending suit. 2. The trial court considered the materials on record and came to certain conclusions, resulting in the application for temporary injunction, being dismissed. Though we find effective consideration of the materials by the court below,we venture to say that if the findings therein are permitted to stand, that may have an impact, either way, on the trial of the main matter. In this situation, we record the submission made on behalf of the second defendant/second respondent herein, who is now stated to be holding the title to the property that he shall not alienate or encumber the property, pending suit. It appears that the pleadings would have been complete and the questions raised are such that could result in final disposal of the suit at the earliest. We may also indicate to the FAO 337/10 2 parties that they should always have an open mind for even settling the litigation out of court. With this, we set aside the impugned order and record the undertaking that the second defendant will not alienate or encumber the property, pending suit and direct the court below to dispose of the suit in accordance with law untrammelled by any observations contained in the impugned order. The court below will consider the request of the parties for expeditious disposal of the suit. The appeal is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta FAO 337/10 3