IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 FAO.No. 264 of 2006() ----------------------------------- AGAINST THE ORDER DATED 05/10/2006 IN IA 757/05 IN AS.91/2005 of SUB COURT, NEDUMANGAD .................... APPELLANTS (S)/COUNTER PETITIONERS 1,3 AND 4 ------------------------------- 1. VASUDEVAN KANI, S/O.PARAMU KANI, DEEPU BHAVAN, KATTILAKUZHY, EDAVAM P.O., PERINGAMALA, NEDUMANGAD. 2. OMANA, D/O.BHARGAVI, SHIBU BHAVAN, PANTHALAKODE, VATTAPPARA VILLAGE. 3. GIRIJA, D/O.BHARGAVI, DEEPU BHAVAN, KATTILAKUZHY, ANAD MURI, THENNOOR VILLAGE. BY ADV. MR.G.S.REGHUNATH RESPONDENT(S): PETITIONER & 2ND COUNTER PETITIONER ------------------------- 1. SUKUMARAN KANI, S/O.PARAMUKANI, KONNAMOODU, SETTLEMENT COLONY, EDAVA P.O., ANAD MURI, PERINGAMALA VILLAGE, NEDUMANGAD. 2. SUDHAKARAN KANI, S/O.PARAMU KANI, MUTHUKANI VEEDU, KULACHAL, EDAVAM P.O., PERINGAMALA , NEDUMANGAD R1 BY ADV. MR.P.V.KUNHIKRISHNAN THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.78/2007 IN FAO NO.264/2006 DISMISSED 07.10.2009 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = F.A.O. NO. 264 OF 2006 = = = = = = = = = = = = = = = Dated this the 7th day of October, 2009. J U D G M E N T This appeal is preferred against the order in I.A.757/05 in A.S.91/05. It was a petition for injunction filed by the plaintiff in the suit. In the appeal the appellate court had granted an order of injunction restraining the defendants in the suit from trespassing into the plaint schedule property or taking yields from thereunder. The order has been passed in 2006. I think there is no necessity to go into the merits of this case at this stage but it is sufficient if a direction is given to the appellate court to dispose of the matter as expeditiously as possible at any rate not later than 3 months from today. I order accordingly. I also make it clear that the appellate court has to dispose of the matter untrammeled by any observations contained in its own order. FAO is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-