IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 FAO.No. 315 of 2009() --------------------- AS.323/2009 of DISTRICT COURT, KOTTAYAM OS.160/2008 of ADDL.M.C.,KOTTAYAM .................... APPELLANT/PETITIONERS ----------------------------------- 1. T.C.JOHN SON OF SAMUEL CHACKO RESIDING AT THONNOORIL CHIRAYIL KILIROOR, KANJIRAM P.O., KOTTAYAM. 2. T.C.GEORGEKUTTY SON OF SAMUEL CHACKO RESIDING AT THONNOORIL CHIRAYIL KILIROOR, KANJIRAM.P.O. KOTTAYAM. BY ADV. SRI.ABRAHAM GEORGE JACOB RESPONDENT(S)/ RESPONDENT : ------------------------------------- THOMAS YOHANNAN RESIDING AT THONNOORILCHIRAYIL, KANJIRAM.P.O., KILIROOR, KOTTAYAM. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = F.A.O. NO. 315 OF 2009 = = = = = = = = = = = = = = = Dated this the 3rd day of December, 2009. J U D G M E N T This is an appeal filed against the order in I.A.No.1713/09 in A.S. 323/09. I.A.No.1713/09 is filed for a temporary injunction and I.A.1714/09 is for staying the operation of the execution of the decree. The appellant has not challenged the order against refusal to stay the execution of the decree but he is persisting for a temporary injunction to be granted in his favour. The trial court has refused his prayer. The plaintiff has been granted a decree for permanent injunction and the counter claim filed by the defendant has been dismissed. It is at that stage the defendant has moved an application for temporary injunction. The learned counsel submits before me that during the pendency of the litigation there was an order of status quo and the said status quo was to the effect that there was a two feet wide pathway and the usage of it was permitted by the said status quo order. I am not having any F.A.O. 315 OF 2009 -:2:- materials before me to find out the correctness of the same but if there had been an order of that nature it is always desirable such an order is maintained till a final disposal of the case is made in appeal. Therefore with liberty to the present appellant to move the District Court in that direction I dispose of the appeal. 2. I make it clear that the District Court shall apply its mind to find out regarding the correct position with respect to the existence of a pathway and if there had been an order to maintain the same certainly should exercise its discretion in favour of the person for the reason otherwise the whole purpose of appeal will be defeated. With this observation this FAO is disposed of. M.N. KRISHNAN, JUDGE. ul/-