IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 FAO.No. 122 of 2005() --------------------- AGAINST THE ORDER iN IA.NO.580/05 IN OS.64/2005 of ADDL.D.C. & ADDL.MACT,ALAPPUZHA. .................... APPELLANT/ADDL.2ND DEFENDANT: ----------------------------------------------------- V.RAMACHANDRAN, DHANAMS, CURZON ROAD, CUTCHERRY WARD, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S)/PLAINTIFF & DEFENDANT: ------------------------------------------------------------- 1. P.VEERALAKSHMI, SREESAILOM, NEAR IRON BRIDGE, ALAPPUZHA, NOW RESIDING AT CHENTURY TOWERS, 46, BARNABY ROAD, KILPANK, CHENNAI. 2. S.M.VENKITANARAYANA REDDIAR, WHOLESALE MERCHANT, SREENIVAS FABRICS, MAIN ROAD, KOLLAM. ADV. SRI.P.B.SURESH KUMAR FOR R2 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 122 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2009. JUDGMENT Raman, J, This is an appeal against an ex-parte interim order passed by the vacation court. The suit itself was one for injunction seeking to restrain the second respondent herein from trespassing into the property or from committing waste. When an injunction order was granted ex- parte, the petitioner has a remedy before the court below by filing counter affidavit. In such circumstances, leaving open the right of the appellant, if he has not already exercised such right, this appeal is dismissed. P.R. Raman, Judge P. Bhavadasan, Judge sb.