IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 FAO.No. 99 of 2003() -------------------- AGAINST THE ORDER DATED 21/02/2003 IN IA.2206/02 IN OS.184/2002 of ADDL.SUB COURT, ALAPPUZHA APPELLANTS/COUNTER PETITIONERS 10 TO 12: ------------------------------------------------------------- 1. VADAKKANARYAD PUTHENANGADI MUSLIM JUMA- ATH SANGHOM, REG.NO.1/70, NORTH ARYAD,ALAPPUZHA, REPRESENTED BY ITS SECRETARY, NOUSHAD, S/O. ALIYARUKUNJU, KANNARKAT VEETTIL,ARYAD NORTH, KOMALAPURAM VILLAGE, ALAPPUZHA. 2. SAYED MOHAMMED, VALAYANKANDATHIL, ARYAD NORTH, KOMALAPURAM VILLAGE ALAPPUZHA, PRESIDENT, VADAKKANARYAD PUTHENANGADI MUSLIM JAMA-ATH SANGHOM, REG.NO.1/70,NORTH ARYAD, ALAPPUZHA. 3. NOUSHAD, S/O. ALIYARUKUNJU, KANNARKAT VEETTIL,ARYAD NORTH, KOMALAPURAM VILLAGE ALAPPUZHA, SECRETARY, PUTHENANGADI MUSLIM JAMA-ATH SANGHOM, REG.NO.1/70, NORTH ARYAD, ALAPPUZHA. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENTS: PTNRS./PLNTFS & CR.PTNRS.1 TO 9/DFNDTS.17 TO 25: --------------------------------------------------------------- 1. PUSHPANGATHAN, S/O. RAGHAVAN, PONNITTASSERIL,MEM.NO.46709, S.N.D.P.BRANCH NO.347 ARYAD SOUTH, ALAPPUZHA. 2. N.MANOJ, S/O. NARAYANAN, MANNAMTHURUTHIL, ARYAD NORTH,MEMBER NO.1067499, S.N.D.P. BRANCH, ALAPPUZHA. FAO 99/2003 2 3. K.R.BABURAJ, S/O. RAJENDRAN, KANJIRAMCHIRA, ARYAD NORTH, MEMBER NO.1126261, S.N.D.P. SAKHA YOGAM NO.351. 4. K.C.SUNILKUMAR, S/O. CHIDAMBARAN, MYDHILI NIVAS, ARYAD NORTH, MEMBER NO.111610, S.N.D.P. SAKHA YOGAM NO.351. 5. MANKA, KURUPPANSERIL, NORTH ARYAD, KOMALAPURAM VILLAGE, ALAPPUZHA. 6. BHUVANENDRAN OF -DO- -DO-. 7. SHARGADHARAN OF -DO- -DO-. 8. ROY OF -DO- -DO-. 9. KANAKAMMA OF -DO- -DO-. 10. THANKAMONY OF -DO- -DO-. 11. SATHYABHAMA OF -DO- -DO-. 12. OMANAKUNJAMMA OF -DO- -DO-. 13. VIJAYALEKSHMI OF -DO- -DO-. ADV. SRI.S.SANTHOSH KUMAR & SRI.S.VINODKUMAR FOR R1 TO R4 SRI.M.R.RAJESH FOR R5 TO 13 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. NO. 99 OF 2003 = = = = = = = = = = = = = = = = DATED THIS, THE 1ST DAY OF JUNE, 2009. J U D G M E N T Bhavadasan, J. Aggrieved by the order dated 21.2.21003 in I.A. 2206/2002 in O.S. 184/2002 on the file of the Additional Sub Court, Alappuzha, the respondents have come up in appeal. 2. The suit is one for specific performance. Plaintiffs filed I.A 2206/2003 for a temporary injunction, which was resisted by the appellants herein. On a consideration of the materials placed, the court below found that the plaintiffs have laid up a prima facie case in their favour and accordingly, granted a temporary injunction as prayed for. The order impugned is of the year 2003. No stay was granted by this Court while admitting the appeal and therefore, the temporary injunction still continues. It is not necessary for us to go into the merits or otherwise of the said application at this belated stage and it appears that this appeal can be disposed of by directing the court below to dispose of the suit itself FAO 99/2003 :2: untrammelled by the observations made in the order under challenge or in this judgment made by us. Accordingly, we do so. The appeal is disposed of as above. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/- FAO 99/2003 :3: P.R RAMAN & P. BHAVADASAN, JJ. F.A.O. NO. 99/2003 J U D G M E N T 1ST JUNE, 2009.