IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 FAO.No. 226 of 2008 --------------------- (I.A.NO. 194 OF 2008 IN OS.29/2008 of II ADDL.SUB COURT,TRIVANDRUM ) APPELLANT/APPLICANT/PLAINTIFF --------------------------------------- SAINULABDEEN, S/O.JAMAL MUHAMMED, RESIDING AT SABEEL MANZIL, CHULLIMANOOR, ANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) ADV. SRI.THOMAS ABRAHAM ADV. SRI.DIPU.R ADV. SMT.MERCIAMMA MATHEW ADV. SRI.K.S.HARIDAS RESPONDENTS/COUNTER PETITIONERS/DEFENDANTS: ------------------------------------------------------------ 1. O.M.ABDUL RASHEED, S/O.ABDUL HAMEED, MANAGING DIRECTOR, HOTEL SAMANA TOWER,MANJERI, MALAPPURAM, RESIDING AT OTTAKATHU MANGARATHODY, HOUSE NO.29/444,ARUKIYA DESOM, MANJERI VILLAGE, ERANAD TALUK, MALAPPURAM DISTRICT. 2. K.M.ABDUL KAREEM, S/O.MUHAMMADAJI, MANAGING DIRECTOR, HOTEL CITY PLAZA (PVT)LTD, KATTAYATTUMADAM, HOUSE NO.IX/325,NELLIKKAPARAMBU, KAKKAD, KOZHIKODE DISTRICT. R1 AND R2 BY ADV. SRI.C.KHALID BY ADV. SRI.R.O.MUHAMED SHEMEEM BY ADV. SRI.T.P.SAJID BY ADV. SRI.K.ANAND THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 25/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T. SANKARAN, JJ. ................................................... F.A.0. No. 226 OF 2008 .................................................... Dated this the 25th November, 2008 J U D G M E N T K.T. Sankaran, J: The appeal is filed by the plaintiff in O.S.No.29 of 2008 on the file of the court of the II Addl. Sub Judge, Thiruvananthapuram. The suit was filed for specific performance of an agreement for sale of the plaint schedule property. I.A.NO. 194 of 2008 was filed by the plaintiff for temporary injunction restraining the respondents/defendants from alienating the plaint schedule property. The court below passed an ad interim order of injunction. But later, it was vacated as per the final order dated 8th August, 2008, which is under challenge in this F.A.O. 2. When the F.A.O. came up for admission on 05.09.2008, the respondents undertook that the status quo as on that date would be maintained. Submission made by the learned counsel for the respondents was recorded. The undertaking to maintain status quo is being extended from time to time. Today, when the F.A.O. was taken up for final hearing, learned counsel on either side submitted that let the status quo as ordered to be maintained on 05.09.2008 be maintained till the disposal of the suit. It is also submitted that the trial court may be directed to dispose of the suit as early as possible F.A.0. No. 226 OF 2008 2 and at any rate, within a period of four months . 3. In view of the submissions made as above by the learned counsel on either side, the F.A.O. is disposed of with the following directions: i) The trial court shall dispose of the suit within a period of four months from the date of receipt of a copy of the judgment. ii) The status quo as directed to be maintained on the basis of the undertaking of respondents on 05.09.2008 shall be maintained till the disposal of the suit. iii) It is clarified that the findings and the observations in the order impugned were made only for the disposal of that application. The trial court shall dispose of the suit untrammelled by any of the observations or findings in the order impugned. I.A.NO. 3707 of 2008 filed in this Appeal is dismissed. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk