IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 FAO.No. 110 of 2009() --------------------- AGAINST THE ORDER DATED 24/01/2009 IN IA 6670/2008 IN OS.616/2008 of I ADDL.SUB COURT, THRISSUR .................... APPELLANT/RESPONDENT/DEFENDANT: ------------- SAKEER HUSSAIN, S/O.PALLATH CHEEKKUTTY, RESIDING IN THE LIMITE OF PATTAMBI POST OFFICE, NETHIRIMANGALAM DESOM, OTTAPPALAM TALUK. BY ADV. SRI.T.A.RAJAGOPALAN RESPONDENT(S): PETITIONER/PLAINITIFF: ------------------------------------- SASEEDHARAN, S/O.PALISSERY APPU @ CHATHU EZHUTHASSAN, PERAMANGALAM DESOM, & VILLAGE, THRISSUR TALUK. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- F.A.O.No.110 of 2009 ------------------------------- Dated this the 8th June, 2009 J U D G M E N T Raman, J. This appeal is filed against the order passed under Order XXXIX Rule 1 of Code of Civil Procedure, in I.A.No.6670 of 2008 in O.S.No.616 of 2008, on the file of Sub Court, Thrissur, restraining the appellant herein from alienating the property. The suit is one for partition. On the question whether the plaint schedule property is available for partition, being satisfied of a prima facie case and to maintain the status quo, the court below restrained the appellant herein from further alienating the property. We do not find any illegality in the order passed by the court below. However, the view expressed by the court below can only be treated as a prima facie view for the limited purpose of passing the impugned order and uninfluenced by any finding, F.A.O.No.110 of 2009 2 the court below will decide the issue. Since there is an order of injunction, the court below shall expedite the trial of the suit. The appeal is disposed of with the above directions. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.