IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 FAO.No. 29 of 2009() ------------------------------- AGAINST THE ORDER DATED 29/10/2008 IN IA.5016/2007 IN OS.161/2004 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANTS(PETITIONERS/PLAINTFFS IN THE COURT BELOW) --------------------------------------------------------------------------------------------- 1. M.R.JAYASREE, C/O.M.N.RAJAN,RESIDING IN ASWATHY, M.S.P.NAGAR, THIRUMALA, THIRUVANANTHAPURAM,REPRESENTED BY HER POWER OF ATTORNEY HOLDER, THE 2ND APPELLANT HEREIN. 2. M.N.RAJAN, RESIDING IN ASWATHY, M.S.P. NAGAR, THIRUMALA,THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): (COUNTER PETITIONERS/DEFENDANTS IN THE TRIAL COURT -------------------------------------------------------------------------------------------------------------------- 1. KRISHNAMMA, D/O.KUNJULEKSHMY AMMA, SREE SIVAKRISHNA VILASOM, P.R.A.124, POOJAPPURA, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. 2. S.SATHEESH KUMAR,S/O.KRISHNAMMA -DO- -DO- 3. K.SINDUKUMARI,D/O.KRISHNAMMA -DO- -DO- 4. K.SAJEESH KUMAR, S/O.KRISHNAMMA -DO- -DO- 5. SAROJAM, W/O.C.RAJAN,SAROJA BHAVAN, POTTA, VILAVOORKKAL VILLAGE, MALAYINKIL P.O. NEYYATTINKARA TALUK,THIRUVANANTHAPURAM. 6. S.KRISHNA PANICKER,S/O.SANKARA PANICKER, SANKARA VILASAM, KAITHAKUZHY, VILAPPIL, THIRUVANANTHAPURAM. R1 TO R4 & R6 BY ADV. SRI.S.M.PREM, SMT.K.P.SANTHI SRI.P.K.NIJOY R5 BY ADVS.SRI.S.K.AJAY KUMAR, SMT.PRIYA. H. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.F.A.No.29 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 12th day of October, 2010. Judgment Thottathil B.Radhakrishnan, J. This appeal arises from an order dismissing an application for temporary injunction. This appeal was admitted and an interim order restraining alienation as regards the plaint schedule property was issued on 23.1.2009. We find that the suit was decreed on 26.11.2009 and the defendant has filed CMCP.52/2010 seeking to file an appeal against that decree as indigent. In the light of the decree that is passed, this FAO is infructuous. The same is accordingly dismissed as infructuous. RFA29/09 -: 2 :- The Office will retain a copy of this judgment in CMCP.52/2010. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1210