IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 FAO.No. 177 of 2010() --------------------------- AS.34/2009 of SUB COURT, SULTHAN BATHERY .................... APPELLANTS-PETITIONERS IN IA.APPELLANTS IN AS --------------------------------------------------------------- 1. GOVINDAN NAMBIAR , AGED 78, S/O.KUNJUKUTTY APPACHI, THOZHUKKATTUPUTHENVEEDU, ANJUKUNNU P.O., VILLAGE MANANTHAVADY, NOW RESIDING AT A-WING NO.204, CHANDRA HEIGHTS JASWAL PARK, BHIDAR EAST, THANE MUMBAI, MAHARASHTRA. 2. K.MINU, AGED 64 , W/O. GOVINDAN NAMBIAR ,THOZHUKKATTUPUTHENVEEDU, ANJUKUNNU P.O., VILLAGE,MANANTHAVADY, NOW RESIDING AT A-WING NO.204,CHANDRA HEIGHTS JASWAL PARK, BHIDAR EAST, THANE ,MUMBAI, MAHARASHTRA. BY ADVS. SRI.P.B.KRISHNAN SRI.R.SURAJ KUMAR SMT.GEETHA P.MENON SRI.N.AJITH SRI.P.M.NEELAKANDAN RESPONDENT(S): RESPONDENT IN IA - RESPONDENTS IN AS ------------------------------------------------------------------------ 1. K.SHARADA, AGED 54 , W/O.LATE KUTTAN NAMBIAR, THOZHUKKATTUPUTHENVEEDU, ANJUKUNNU P.O., MANANTHAVADY, KALPETTA - 670 645. 2. T.P.SOUMYA, AGED 27 D/O.LATE KUTTAN NAMBIAR,THOZHUKKATTU PUTHEN VEEDU ANJUKUNNU P.O., MANANTHAVADY,KALPETTA - 670 645. 3. T.P.SANAL, AGED 23, S/O.LATE KUTTAN NAMBIAR,THOZHUKKATTU PUTHEN VEEDU ANJUKUNNU P.O., MANANTHAVADY,KALPETTA - 670 645. R1 TO R3 BY ADVS. SRI.SRINATH GIRISH SRI.E.NARAYANAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 29/10/2010, ALONG WITH FAO NO.186 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ HARUN-UL-RASHID, J. - - - - - - - - - - - - - - - - - F.A.O.No.177 of 2010 WITH F.A.O.186 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2010. JUDGMENT The defendants in O.S No.134/2005 of the Munsiff court, Mananthavady are the appellants in the above appeals. They are also the counter claimants in O.S.134/2005. The suit was withdrawn by the plaintiffs' due to some defects. Thereafter by the judgment and decree passed, the counter claim stands dismissed. The appellants herein, who are the counter claimants preferred A.S.No.34/2009, against the dismissal of their counter claim. In the appeal, they have filed two I.As, namely, I.A.No.1140/2009 and 1143/2009. I.A No.1140/2009 was filed for stay of enforcement of the decree of the lower court and for a direction to the official receiver to hand over possession of the plaint schedule property. The connected I.A. No.1143/2009 was filed under order XXXIX of Rule 1 F.A.O.No.177/2010 WITH F.A.O.186/2010 2 for a temporary injunction restraining the respondents/plaintiffs from committing trespass and waste in the plaint schedule property. By the impugned order, both I.As are dismissed. 2. When the matter was taken up for final hearing, it is submitted that an early disposal of appeal will serve the ends of justice. Therefore, I am not examining the correctness of the order under challenge. In the circumstances, there will be a direction to the Sub Judge, Sulthan Bathery to hear and dispose of A.S. No.34/2009 at an early date, at any rate, within a period of three months from the date of receipt of a copy of this Judgment. The appeals are disposed of as above. No order as to costs. Sd/- HARUN-UL-RASHID, Judge. ss/. //True copy// P.A to Judge