IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 FAO.No. 346 of 2009() --------------------- AS.92/2008 of SUB COURT,NEYYATTINKARA .................... APPLICANT/PETITIONER/APPELLANT -------------------------------------------------- KRISHNAMMA PILLAI, D/O. NEELAMMA PILLAI PADAPPITHOTTATHU VEEDU, ANAVOOR DESOM, ANAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.MANU V. RESPONDENTS / COUNTER PETITIONERS/RESPONDENTS ------------------------------------------------------------------------------------ 1. LALITHAKUMARI SINDHUKUMARI, LILITHA MANDIRAM, PADAPPITHOTTAM, ANAVOOR DESOM, ANAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. LALITHAKUMARI GIREESHKUMAR, LALITHA MANDIRAAM, PADAPPITHOTTAM, ANAVOOR DESOM, ANAVOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.SUMAN CHAKRAVARTHY FOR R1 & 2 SMT.K.R.RIJA FOR R1 & 2 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 17/03/2010, ALONG WITH FAO NO. 38 OF 2010 FAO NO. 33 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J. ========================== F.A.O. No.346 OF 2009 & 33 of 2010 ========================== Dated this the 17th day of March 2010. JUDGMENT These appeals are preferred against the order of the Subordinate Judge's Court, Neyyattinkara in I.A.Nos.1334/2008 and 170/2009 in A.S.No.92/2008. The Court below dismissed the prayer for injunction by the plaintiff and granted the prayer for injunction filed by the defendant. It is against those decisions, the plaintiff in the suit has come up in appeal before this Court. The matter is pending consideration before the appellate court and I feel, instead of rendering a piece meal finding on questions involved, it is desirable that the entire appeal be heard and disposed of by the court below within a time frame. 2. Therefore I close F.A.O Nos.33/2010 and 346/2009 with a direction to the Subordinate Judges Court, Neyyattinkara to hear and dispose of A.S.No.92/2008 pending before that court on or before 31.5.2010. I also F.A.O. No.346 OF 2009 & 33 of 2010 2 make it clear that the said appeal has to be approached untrammeled by any of the observations made in the order on injunction passed by the appellate court. Disposed of accordingly. M.N.KRISHNAN,JUDGE. mns