IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 FAO.No. 193 of 2009() --------------------- O.S. NO. 98/2007 of MUNSIFF'S COURT, KOCHI I.A. NO. 618/2009 IN A.S. NO. 59/2009 of SUB COURT, KOCHI APPELLANT/PETITIONER:- ----------------------------- C.J.GEORGE, S/O.LATE C.P.JOHN, AGED 78 YEARS, CHAMMANAM, 1/263, CHURCH STREET, FORT COCHIN, COHIN-1. BY ADV. MR. T.R.RAVI RESPONDENTS/RESPONDENTS:- ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. THE TAHSILDAR, KOCHI TALUK, FORT COCHIN, COCHIN-1. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ------------------------------------------------------------- F.A.O. No. 193 of 2009 ------------------------------------------------------------ Dated this the 14th day of August, 2009. JUDGMENT The appellant who was the plaintiff in O.S No. 98 of 2007 on the file of the Munsiff's Court, Kochi, challenges the interim order of injunction dated 10.07.2009 passed by the Sub Court, Kochi as per which while granting the interim injunction, the lower appellate court has imposed a condition directing the appellant to deposit the entire arrears of lease rent in respect of the plaint schedule property. The interim order was passed under Order 39 Rule 1 C.P.C in the appeal filed by the appellant against the dismissal of his suit by the trial court. Since by virtue of Section 104 (2), no appeal lies from any order passed in appeal, this appeal filed under Order XLIII Rule 1(r) C.P.C is not maintainable. (See Muhammed Kunhi v. Abdul Salam - 1993(1) KLT 867). Hence this appeal is dismissed as incompetent without prejudice to the right of the appellant to work out his remedies before the appropriate forum. Dated this the 14th day of August, 2009. V. RAMKUMAR, JUDGE. rv