IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 FAO.No. 117 of 2011 ----------------------------- [AGAINST THE ORDER DATED 08/02/2011 IN IA.247/2011 IN AS.41/2011 OF DISTRICT COURT, TRISSUR] .................... APPELLANTS/RESPONDENTS/DEFENDANTS: ------------------------------------------------------------------ 1. FRANCO, AGED ABOUT 67 YEARS, S/O. KOOTHOOR UKKRU, THEKKE ANGADI, KUNNAMKULAM DESOM VILLAGE, THALAPPILLY TALUK. 2. VARGHESE, AGED ABOUT 62 YEARS, S/O. KOOTHOOR UKRU, THEKKE ANGADI, KUNNAMKULAM DESOM VILLAGE, THALAPPILLY TALUK. 3. ABRAHAM, AGED ABOUT 59 YEARS, S/O. KOOTHOOR UKRU, THEKKE ANGADI, KUNNAMKULAM DESOM VILLAGE, THALAPPILLY TALUK. BY ADVS. SRI.S.VIDYASAGAR, SRI.K.K.CHANDRADAS. RESPONDENT/APPELLANT/PLAINTIFF: --------------------------------------------------------- BABY, AGED 70, PENSIONER, S/O. KOOTHOOR VARUTHUNNI, AARTHATTU VILLAGE, THALAPPILLY TALUK.P.O., ARTHATTU, (VIA) KUNNAMKULAM, PIN – 680 503. BY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: F.A.O.NO.117/2011: ORDER ON I.A. NO.1214/2011 IN F.A.O. NO. 117/2011 DISMISSED 05/04/2011. SD/- HARUN-UL-RASHID, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. ------------------------------- F.A.O.NO. 117 OF 2011 ------------------------------- DATED THIS 5TH THE DAY OF APRIL, 2011 JUDGMENT Appellants are the defendants in O.S.No.1120/2008 on the file of the II Additional Sub Court, Thrissur. The interim order in I.A.No.247/2011 in A.S.No.41/2011 passed by the District Court, Thrissur is under challenge. The suit was filed by the respondent herein for permanent prohibitory injunction. The trial court, after trial, held that the plaintiff is not entitled to the injunction as prayed for and dismissed the suit. The plaintiff preferred A.S.No.41/2011. He also filed IA.No.247/2011 for temporary injunction. As an interim measure, the learned District Judge by order dated 8/2/2011 directed both parties to maintain status quo as on the date of the order. The learned Judge also posted the IA for enquiry on 2/4/2011. This order is under challenge. 2. I.A.No.247/2011 is not finally disposed of . Only an -2- F.A.O.No.117/2011 exparte interim order of status quo was passed. It is for the appellants, who are the defendants in the suit, to move the District Court for early hearing and disposal of the said IA. 3. Considering the urgency of the situation pointed out by the learned counsel for the appellants, the learned District Judge is directed to hear and dispose of I.A.No.247/2011 on or before 15th June, 2011. In view of the limited direction issued, this Court is of the view that the appeal can be disposed of without issuing notice to the respondent. Appeal is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.