IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 FAO.No. 293 of 2008 ------------------------- I.A. 5294/08 IN OS.1011/2008 of PRL.SUB COURT,THRISSUR .................... APPELLANT/PETITIONER/PLAINTIFF: --------------------------------------------- SHYAMKUMAR, S/O. ARAVINDAKSHAN PILLAI, AYYANATTUPADIKKAL, KUMBALAM DESOM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENTS/RESPONDENTS/DEFENDANTS: ------------------------------------------------------- 1. KARTHIKEYAN, S/O. APPU, THODATHARA PADIYOOR DESOM, MUKUNDAPURAM TALUK, 2. SIVANESWARI, D/O. LATE MANIKUTTY, KUTTIKATTUPARAMBU, PANAMKULAM DESOM, OORAKAM VILLAGE, THRISSUR TALUK. 3. MALATHI, D/O. LATE MANIKUTTY, KUTTIKATTUPARAMBU, PANAMKULAM DESOM, OORAKAM VILLAGE, THRISSUR TALUK. 4. MALLIKA, D/O. LATE MANIKUTTY, KUTTIKATTUPARAMBU, PANAMKULAM DESOM, OORKAM VILLAGE, THRISSUR TALUK. 5. SUSEELA, D/O. LATE MANIKUTTY, KUTTIKATTUPARAMBU, PANAMKULAM DESOM, OORAKAM VILLAGE, THRISSUR TALUK. 6. RAMANI, D/O. LATE MANIKUTTY, KUTTIKATTUPARAMBU, PANAMKULAM DESOM, OORAKAM VILLAGE, THRISSUR TALUK. ADV. SRI.K.N.PADMAKUMAR FOR R2 TO R6 SRI.SAILESH.K.P. FOR R2 TO R6 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & P.N.RAVINDRAN, JJ. ------------------------------------------ F.A.O. No.293 OF 2008 ------------------------------------------ Dated this the 1st day of January, 2009. J U D G M E N T Kurian Joseph, J. This appeal is at the instance of the petitioner-plaintiff in I.A.No.5294/2008 in O.S.No.1011/2008 on the file of the Principal Sub Court, Thrissur. The suit is one for specific performance. The Interlocutory Application was filed for temporary injunction restraining the respondents from alienating the property. By the impugned order, the interim injunction originally granted was vacated. Hence the appeal. 2. In the nature of the order we propose to pass in this case, we do not think it necessary or appropriate to go into the various contentions taken by the parties. We are of the view that the interests of the parties can be safeguarded if a direction is issued to Sub Court, Thrissur to dispose of the suit itself expeditiously, untrammelled by the observations and findings in the impugned order and maintaining the interim order granted by this Court for a limited period. F.A.O. No.293/08 2 Accordingly, there will be a direction to Sub Court, Thrissur to dispose of O.S.No.1011/2008 before the court closes for summer vacation in the year 2009, untrammelled by the observations and findings in the impugned order. The interim order dated 24.11.2008 granted by this Court will continue till such time. We make it clear that the parties will co-operate with the court to dispose of the case as above. The appellant will immediately produce a copy of this judgment before Sub Court, Thrissur. This appeal is disposed of as above. KURIAN JOSEPH JUDGE P.N.RAVINDRAN JUDGE smp F.A.O. No.293/08 3 KURIAN JOSEPH & P.N.RAVINDRAN, JJ. F.A.O. No. 293 OF 2008 J U D G M E N T 01.01.2009