IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 FAO.No. 165 of 2008() ----------------------------- AGAINST THE ORDER DATED 31/01/2008 IN I.A - 507/2007 IN AS.84/2007 of DISTRICT COURT ,KOLLAM .................... APPELLANT/PETITIONER/PLAINTIFF:- ------------------------------------------------- KRISHNA PANICKER RAJAN, THOTTATHIL VAYALIL PRAYIDAOM, VADAKKUMBHAGOM CHERRY, NOW RESIDING AT RADHIKA BHAVAN,ANDAMUKKAM WARD, KOLLAM DISTRRICT. BY ADV. SRI.B.KRISHNA MANI SRI.SIJU RJAN SMT.ANUPAMA.M.R. RESPONDENTS/RESPONDENTS/DEFENDANTS ------------------------------------------------------------------ 1. THE BRANCH MANAGER, INDIAN BANK, MAIN BRANCH, MAIN ROAD, KOLLAM, 2. THE RECOVERY OFFICER,DEBTS RECOVERY TRIBUNAL, K.S.H.B. BUILDING, 8TH FLOOR, PANAMPILLY NAGER, ERNAKULAM. BY THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A. NO.2688/2008 IN FAO. NO.165/2008 DISMISSED 11/07/2008. SD/- M.N.KRISHNAN, JUDGE // TRUE COPY // Rs/ M.N.KRISHNAN, J. -------------------------- F.A.O. No. 165 OF 2008 --------------------- Dated this the 11th day of July, 2008 JUDGMENT This appeal is preferred against the order passed by the District Judge, Kollam, in IA No.507/07 in AS No.84/07. The said appeal was preferred against the judgment and decree in OS No.31/00 of Sub Court, Kollam. The suit was one for a declaration and injunction. The trial court, after consideration of the entire materials, arrived at a decision that the plaintiff is not entitled to any relief. It is against that decision the appeal has been preferred before the District Court. 2. So the relief sought for would depend upon the ultimate result of the case regarding the entitlement for a declaration. Seeing the matter in that background learned District Judge held that “any action taken by respondents 6 and 7 will be subject to the order in this appeal.” I do not find any mistake committed by the learned District Judge for the reason that unless there are materials in a suit for declaration of prima facie satisfaction, no order can be granted. But considering that there is danger to the property of the appellant, I direct the learned District Judge to take up the appeal AS 84/07, thought it is a 2007 matter at the earliest and to consider it within a time frame of four months from today. The FAO is disposed of accordingly. M.N.KRISHNAN, JUDGE vps