IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 FAO.No. 113 of 2009() --------------------- AGAINST THE ORDER DATED 19/03/2009 IN IA 102/2009 IN OS.29/2009 of PRINCIPAL SUB COURT, PALAKKAD .................... APPELLANT ------------------ C.V.RAJAGOPALAN,AGED 63 YEARS, S/O.VELLAKUTTY, 'RAJALAYAM' KUNISSERY P.O. ALATHUR, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM DEFENDANT ------------------ K.M.RAJAN,AGED 70 YEARS, S/O.MURUGAN, RESIDING AT KARAKKAD HOUSE, CHENGARE,KUNISSERY P.O. ALATHUR, PALAKKAD DISTRICT ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P(CAVEATOR) THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 113 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of June, 2009. JUDGMENT Raman, J, Appeal by the plaintiff. The suit is one for specific performance. As per the averments made in the plaint, substantial amount has been paid towards the sale consideration by way of advance. The parties are closely related. Pending suit, application was moved seeking the plaintiff not to be dispossessed during the pendency of the suit. Since it was alleged that the plaintiff was put in possession pursuant to an agreement for sale, the court below dismissed the application, against which the appeal is filed. 2. The respondent has filed a caveat and hence we have the advantage of hearing the learned counsel for the respondent. 3. In the factual situation, when the suit is one for specific performance, atleast the court could have ordered to maintain status quo, so that third party interest may not intervene. Whether or not the plaintiff is in possession of the property cannot F.A.O. 113/2009. 2 be decided in this appeal. However, to meet interests of justice, we direct that whoever be in possession, neither of them shall alienate the property in question until disposal of the suit. The appeal is disposed of as above. P.R. Raman, Judge P. Bhavadasan, Judge sb.