IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 FAO.No. 217 of 2008() --------------------- AGAINST THE ORDER DATED 08/07/2008 IN IA 2949/2008 IN OS.310/2006 of I ADDL.SUB COURT,TRIVANDRUM .................... (S): APPELLANT/ PETITIONER/PLAINTIFF --------------------------------------------------- THE THIRUVANANTHAPURAM AYURVEDA OUSHADA NIRMALA VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.5, IND(T)254, KANNETTUMUKK, THYCAUD VILLAGE, THIRUVANANTHAPURAM,REPRESENTED BY ITS SECRETARY RENU, S/O.RAVEENDRAN NAIR. BY ADV. SRI.M.RAMACHANDRAN NAIR SRI.R.V.ABHISHEK RESPONDENT(S): --------------- 1. NIRMALA DEVI, D/O.BHAGEERATH AMMA, HOUSE WIFE, AGED 82 YEARS, RESIDING AT TC/41/1728, NEW TC 24/1515(1), GOWRI PRASTHAM, THYCAUD, THIRUVANANTHAPURAM,ALSO HAVING SUTE NO.11, 2,PRICE LEAN, CALCUTTA, 700072. 2. ARUN GURUKKAL, S/O.LATE M.C.GURUKKAL, AGED 55 YEARS, R/A AT TC/41/1728,NEW TC 24/1515(1) GOWRI PRASTHAM, THYCAUD, THIRUVANANTHAPURAM, ALSO HAVING SUTE NO.11, 2, PRICE LEAN CALCUTTA.700072, (REP;BY HIS P/A HOLDER THE 1ST DEFENDANT NIRMALA DEVI, D/O.BHAGEERATHI AMMA, HOUSE WIFE, AGED 82 YR 3. MALA GURUKKAL @ MALA ROY, D/O.NIRMALA DEVI, AGED ABOUT 42 YEARS, GANESH CHANDRA AVENUE,CALCUTTA-700013.(REPRESENTED BY HER POWER OF ATTORNEY HOLDER THE 1ST DEFENDANT OF DO. DO.) 4. RAJ GURUKKAL, S/O.LATE M.C.GURUKKAL, AGED 52 YEARS, GOWRI PRASTHAM, THYCAUD, THIRUVANANTHAPURAM-695014. 5. MALLIKA GURUKKAL (MALLIKA KUMAR), D/O.NIRMALA DEVI, AGED 46 YEARS, GOWRI PRASTHAM, THYCAUD,THIRUVANANTHAPURAM-695 014.(REPRESENTED BY HER P/A OF ATTORNEY HOLDER THE 1ST DEFENDENT NIRMALA DEVI, D/O.BHAGEERATHI AMMA, HOUSE WIFE, AGED 82 YEARS, RESIDING AT TC/41/1728, ADV. SRI.G.SUDHEER FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- F.A.O. No.217 of 2008 ---------------------------------------------- Dated 16th October, 2008. J U D G M E N T Kurian Joseph, J. This is an appeal filed by the plaintiff against the order dated 8.7.2008 in IA 2949/08 in O.S.310/2006 on the file of the First Additional Sub Court, Thiruvananthapuram. The trial court rejected the application for interim injunction regarding alienation. Learned counsel for the respondents submits that they are more interested in an expeditious disposal of the suit itself and for that purpose, they will not alienate the property till the suit is disposed of. This submission is recorded. Accordingly, the appeal is disposed of with a direction to the First Additional Sub Court, Thiruvananthapuram to dispose of O.S.310/2006 within a period of six months. It is made clear that the suit will be disposed of untrammelled by the observations and findings contained in this judgment. I.A.No. 3491/08 : Dismissed. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- F.A.O. No.217 of 2008 ---------------------------------------------- J U D G M E N T Dated 16th October, 2008.