IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 FAO.No. 273 of 2010() ------------------------------- AGAINST THE ORDER DATED 04/08/2010 IN IA 2162/2010 IN OS.491/2010 of ADDL.SUB COURT, PALAKKAD. .................... APPELLANT/RESPONDENT & DEFENDANT -------------------------------------------------------------- V. VIJAYAKUMAR, S/O.APPU NAIR, RESIDING AT 34/334 (4), "AKSHAYA", VADAKKANTHARA P.O., PALAKKAD-12. BY ADV. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENTS/PETITIONER & PLAINTIFF ------------------------------------------------------------- MADHUSOODHANAN, S/O.P.K.N.MENON, KUNNATH NALUPARA VEEDU, KARIYAMKODE, KOTTAYI, ALATHUR TALUK, PIN-678 572. BY ADV. SRI.T.K.SANDEEP. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ FAO No.273 of 2010 ------------------------------------------------------------------------ Dated 4th October 2010 Judgment Thottathil.B.Radhakrishnan, J. This appeal is against an order of temporary injunction. The suit is one for specific performance of a contract for sale. The plaintiff was successful in obtaining the impugned order granting injunction on the premise that the property should be available for being dealt with in terms of any decree since the agreement is admitted. 2. We had passed the following order at the stage of admission of this appeal, on 09.09.2010 : “Heard learned counsel for the appellant. Prima facie, we are of the view that the plaintiff wants an order of temporary injunction over and above the effect of the pendency of the suit. He should have showed his specific bona fides by depositing the entire balance consideration. For consideration of the matter further, issue notice by speed post returnable in ten days.” FAO 273/10 2 Today, the learned counsel on both sides states that the parties have essentially no disputes between them now, inasmuch as the plaintiff/respondent is prepared to execute the sale deed on receipt of consideration and they are prepared to do this in a day. We record this submission and direct the parties to appear before the court below on 11.10.2010 so that the suit itself can be disposed of at the earliest. We further direct that in the event of suit going for trial otherwise than in terms of what is indicated above, the impugned order will continue conditionally, on the plaintiff depositing the entire balance sale consideration within a period of two weeks from now. The appeal is disposed of as above. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta FAO 273/10 3 FAO 273/10 4