IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 FAO.No. 177 of 2008() ------------------------------ AGAINST THE ORDER DATED 24/05/2008 IN IA 985/2008 IN AS.47/2007 of SUB COURT, TIRUR .................... APPELLANT/R3/R3 ---------------------------- PACHATTIRI, AVENTE KOTTA BHAGAVATHY KSHETHRA SAMITHI, REPRESENTED BY ITS PRESIDENT PAYANATTU DAMODARAN, S/O.CHAKKAPPAN, SANTHI NAGAR, NIRAMARUTHUR P.O., TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNANUNNI (SR) SRI.SAJU.S.A RESPONDENTS/PETITIONERS/APPELLANTS ---------------------------------------------------------------- 1. SREEMATHI,D/O. VAKKAYIL PARAVANNUR THAMA @ APPUKKUTTY, P.O.PONMUNDAM, TIRUR TALUK MALAPPURAM DISTRICT. 2. LAKSHMIKUTTY,D/O. VAKKAYIL PRAVANNUR THAMA @ APPUKKUTTY, P.O.PONMUNDAM, TIRUR TALUK MALAPPURAM DISTRICT. 3. SUKUMARI,D/O.VAKKAYIL PARAVANNUR THAMA'@ APPUKKUTTY, PACHATTIRI.P.O., TIRUR TALUK MALAPPURAM DISTRICT. 4. SAVITHRI,D/O.VAKKAYIL PARAVANNUR THAMA @ APPUKKUTTY, PACHATTIRI.P.O., TIRUR TALUK MALAPPURAM DISTRICT. BY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== FAO No.177 OF 2008 ===================== Dated this the 18th day of July 2008 JUDGMENT This appeal is preferred against the order of the Sub Court, Tirur in I.A.No.985 of 2008 in A.S.No.47 of 2007. The suit filed by the plaintiff was dismissed and it was one for fixation of boundary. Against the judgment, the appeal was preferred and another application was filed for injunction. Unfortunately, the present appellant did not enter appearance and therefore after hearing the appellants a prayer was granted restraining the respondents in the said I.A from trespassing into the petition schedule property or from demolishing or making any form of changes to the existing boundary. I feel the proper remedy for the appellant is to move the appellate court under Order 39 Rule 4 C.P.C to vary or set aside the order and that can be entertained by the said court and after hearing all concerned orders be passed. Till that time there shall not be any construction of the wall and both the parties are restrained from doing the same. The appellant herein shall file an application under Order 39 rule 4 as expeditiously as possible and FAO 177/2008 -:2:- thereafter the court can hear and dispose of the matter. FAO is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-