IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 FAO.No. 114 OF 2008() --------------------- I.A. 2538/2007 IN I.A. 1273/2007 IN OS.108/2007 OF SUB COURT, OTTAPPALAM APPELLANT/RESPONDENT/PLAINTIFF ------------------------------------- THOMAS GEORGE, S/O.LATE N.T.GEORGE RESIDING AT ETTUPARAMBIL HOUSE NEAR NIRMALA COLLEGE, MUVATTUPUZHA TALUK ERNAKULAM DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: PETITIONERS/DEFENDANTS 1 & 2 ----------------------------------------- 1. KATHRIKUTTY GEORGE, W/O.LATE N.T.GEORGE 2. SHEENA GEORGE, D/O.LATE N.T. GEORGE BOTH ARE RESIDING AT ETTUPARAMBIL HOUSE KUNNAYATH ROAD, MAMANGALAM,PALARIVATTOM KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE FOR R1 & 2 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: F.A.O. 114/2008 ORDER ON I.A. 1970/2008 IN F.A.O. 114/2008 // DISMISSED // 30.6.2008. SD/- P.R. RAMAN, ( JUDGE) SD/- T.R. RAMACHANDRAN NAIR, (JUDGE) // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. NO. 114 OF 2008 = = = = = = = = = = = = = = DATED THIS, THE 30TH DAY OF JUNE, 2008. J U D G M E N T Raman, J. This is an appeal against the order passed in I.A.2538/2007 in I.A. 1273/2007 in O.S. No. 108/2007 on the file of the Sub Court, Ottappalam. The plaintiff is the appellant. The suit is one for demarcation of boundary and for injunction against alienation. In that suit, an interlocutory application as I.A. 1273/2007 was filed seeking for a temporary injunction against the respondents from alienating the property before demarcation. The court below passed an order to maintain status quo till the application itself is considered. Later, by the impugned order, the same was modified permitting the respondent to alienate the property. Virtually, I.A. 1273/2007 will become infructuous because of the impugned order. In such circumstances, this Court, being satisfied of a primafacie case, granted stay and as a result, the status quo order passed in I.A. 1273/2007 continues. 2. Heard both sides. Since the very application is filed for restraining the respondents from alienating the property, whether or not the FAO 114/2008 :2: petitioner is entitled to such a relief itself is to be considered after considering the prima facie case and the balance of convenience. Therefore, it is only appropriate that status quo will continue till I.A. 1273/2007 is considered by the court below. In that view of the matter, the impugned order is set aside for the limited purpose of enabling the court below to consider the interim application and till such time, status quo will be maintained. The F.A.O. is disposed of as above. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-