IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 FAO.No. 293 of 2011() --------------------- I.A.1153/11 IN O.S.219/11 OF PRINCIPAL SUB COURT, KOLLAM. APPELLANT/PLAINTIFF: ---------------------------------------- LEKSHMIKUTTY AMMA, AGED 59 YEARS, D/O.KUTTYAMMA, HARI BHAVAN, PANNIVIZHA MURI, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI. K.SHAJ RESPONDENT(S): DEFENDANT: ------------------------- KOCHUKUNJU, AGED 65 YEARS, S/O.CHARIYAN, PALLEKATTUMELTHIL, IVERKALA PADINJATTEKARA NADUVILE MURI, KUNNATHUR VILLAGE, KUNNATHUR TALUK, KOLLAM DISTRICT 698 045. ADV. SRI.B.MOHANLAL THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------------- F.A.O. No.293 of 2011 ----------------------------------------------- Dated 4th November, 2011. J U D G M E N T K.M.Joseph, J. Appellant is the plaintiff in a suit for specific performance. He filed I.A.1153/11 in O.S.219/11 for an interim order restraining the defendant/respondent from transferring or otherwise encumbering the plaint schedule property. The said application was dismissed. Hence, this appeal. 2. We heard learned counsel for the appellant and the learned counsel for the respondent. 3. Learned counsel for the appellant would submit that immediately after the order passed by the trial court, the property has been alienated by the respondent. In such circumstances, we do not see any reason to keep this matter pending. Accordingly, the appeal is closed. However, we make it clear that the trial court will dispose of the suit at the earliest, untrammelled by any observations contained in the impugned order. Sd/- K.M.JOSEPH, JUDGE. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs