IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 FAO.No. 125 of 2010() --------------------- AGAINST THE ORDER DATED 07/12/2009 IN IA 3629/2009 IN OS.334/2009 of SUB COURT, TIRUR .................... APPELLANT/PETITIONER/PLAINTIFF: -------------------------------------------------- SHIBU, S/O.CHATHENGATTIL CHANDRAN, KUZHIKKATTUSSERI DESOM/PO, MUKUNDAPURAM TALUK, THRISSUR DT. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S)/RESPONDENT/IST DEFENDANT: ---------------------------- AKBAR, S/O.KUNNATH ABDUL KAREEM, PULLUT DESOM/PO, KODUNGALLUR, THRISSUR DT. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------- F.A.O.NO.125 OF 2010 () ----------------------------------- Dated this the 21st day of May, 2010 J U D G M E N T THOTTATHIL B. RADHAKRISHNAN, J. This appeal, filed by the plaintiff, is against an order dismissing an application for temporary injunction. The court below took the view that the case pleaded by the plaintiff does not show any sustainable ground to have an order of temporary injunction in his favour. 2. After having heard the learned counsel for the appellant quite in extenso on the merit of the matter, we do not deem it appropriate to express much on the facts, lest, that would prejudice the parties at trial. We, therefore, are of the view that the court below was justified in taking the view that no grounds were shown for the issuance of an order of temporary injunction. FAO.125/10 2 The appeal is accordingly dismissed directing that the court below will ultimately decide the suit untrammelled by any of the observations stated in its impugned order or in this judgment. THOTTATHIL B. RADHAKRISHNAN JUDGE S.S.SATHEESACHANDRAN JUDGE prp FAO.125/10 3