IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 FAO.No. 320 of 2008() --------------------- AS.49/2008 of SUB COURT, NEDUMANGAD .................... APPELLANT/ COUNTER PETITIONER ------------ C.R.BHASKARAN NAIR, AGED 74 YEARS, S/O RAMAKRISHNA PILLAI, ERAVANALLOOR MADOM, ANIKKARA, KARAKULAM, P.O.NEDUMANGAD. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.J.R.PREM NAVAZ SMT.SMITHA GEORGE RESPONDENT(S): PETITIONER ------------------- C.R.KRISHNAN NAIR, S/O.RAMAKRISHNA PILLAI, SANTHA BHAVAN, ENIKKARA, KARAKULAM VILLAGE. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- F.A.O. No.320 of 2008 ------------------------------- Dated this the 12th August, 2009 J U D G M E N T Raman, J. The appeal is filed against the order extending ad- interim injunction earlier passed by the Sub Court, Nedumangad, until further orders, in I.A.No.519 of 2008 in A.S.No.49 of 2008. 2. In a suit for declaration of title instituted by the plaintiff, a counter claim was raised. Eventually, the suit was decreed allowing part of the counter claim against which the plaintiff filed the appeal. In that, he filed I.A.No.290 of 2008 seeking to restrain the appellant herein from alienating the property claimed in the counter claim. The court below granted ex parte order of injunction and thereafter by the impugned F.A.O.320 of 2008 2 order, it extended the injunction until further orders. But further orders are not yet passed after hearing the parties. 3. It is contended by the respondent that during the pendency of the injunction order, appellant has alienated the property. If so, that is a matter for the respondent to take up before the court below in appropriate proceedings. However, in so far as the present order is concerned, it is not a speaking order and the interim injunction has been extended until further orders. As per Order XXXIX of Code of Civil Procedure, though the court is entitled to pass ad-interim ex parte order of injunction, soon thereafter when the respondent appears and files his objection, the matter should be heard and a speaking order has to be passed. This has not been done in this case. 4. In the circumstances, we direct the court below to post the I.A., and after hearing the parties, pass appropriate orders, in accordance with law. It is open to the court below to F.A.O.320 of 2008 3 dispose of the appeal itself, in which event, it may not be necessary to dispose of the I.A. afresh. The appeal is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.