IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 FAO.No. 227 of 2010() --------------------- OS.281/2009 of SUB COURT, PALA .................... APPELLANT/RESPONDENT ---------------------------------------- JOBBY GEORGE,AGED 49 YEARS, S/O.N.D.GEORGE,VARAVUKALAYIL,ARUVITHURA.P.O, KONDOOR KARA,ERATTUPETTA VILLAGE,MEENATHIL TALUK-686121. BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): PETITIONERS -------------------------- 1. P.M/ANAZ,S/O.MOHAMMED,AGED 44 YEARS, MATTAKOMBANAL HOUSE,THALAPPALAM KARA, ERATTUPETTA VILLAGE-686121. 2. RAZIYA,W/O.ANAZ,AGED 42 YEARS, MATTAKOMBANAL HOUSE,THALAPPALAM KARA, ERATTUPETTA VILLAGE-686 121. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 06/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- F.A.O.No.227 OF 2010 ------------------------------------------- Dated this the 6th day of August, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. This appeal is against an order passed on an application for temporary injunction. The plaintiffs were granted an ad- interim order. That was later modified as per the impugned order and the court below has, now, confined the order of injunction to be against alienation and committing waste. We have heard learned counsel for the defendant/appellant. It is argued that the whole plaint claim is worthless in as much as the suit is based on forged documents and the plaint claim is time barred. We are of the view that such questions need not hold back this appeal here since that would only ultimately delay the final disposal of the suit. On a query by this Court, learned counsel for the appellant quite frankly stated that his client does not propose to immediately sell off the properties. FAO.227/10 2 Obviously therefore, the continued effect of the order of injunction would not result in any immediate situation adverse to the interest of the appellant. It is stated that written statement has already been filed. For the aforesaid reasons, without stating anything on merits, we dismiss this appeal, however, directing that the court below will proceed further in the matter untrammelled by anything stated in the impugned order. Having regard to the contentions on either side, let the court below consider the suit for expeditious disposal taking into consideration the defence set up. The court below will post the matter appropriately for trial and disposal. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.10/08.