IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 FAO.No. 101 of 2011() ----------------------------- I.A.No.610/2011 in OS.99/2011 of ADDL.SUB COURT,KOTTAYAM .................... APPELLANT (S):PETITIONER/PLAINTIFF: ----------------------------------------------------------- P.K.KURIAKKOSE, PAZHAYAMADOM HOUSE, KIZHAKKUMCHERY, VALLAKAM MURI, NADUVILE VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.V.G.ARUN SRI.SAJEEVAN KURUKKUTTIYULLATHIL RESPONDENT(S): RESPONDENT/DEFENDANT: ----------------------------------------------------------------- MRS.OMANA, DECASWAM KARITHARAYIL HOUSE, EANADI.P.O., EANADI MURI, CHEMBU VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. 686 615. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- F.A.O.No.101 of 2011 ----------------------------------------- Dated, this the 26th day of August, 2011 J U D G M E N T K.M.Joseph, J. This appeal is filed by the plaintiff in a suit for specific performance. The appellant filed application for temporary injunction to restrain the respondent from alienating or encumbering the plaint schedule property. The respondent filed counter affidavit. After considering the matter, the learned Additional Sub Judge, Kottayam has declined the prayer. 2. We heard the learned counsel for the appellant and learned counsel for the respondent. 3. Learned counsel for the respondent, in fact, would submit that the respondent has no intention to transfer or encumber the property pending the suit. We record the said submission. In the nature of the order passed, one of the contentions is that observations are made on merits of the suit. Needless to say, we still direct that when the suit is finally disposed of, the court below will dispose of the same totally untrammelled by any observations made in the order passed in the suit. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS