IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 FAO.No. 219 of 2003() --------------------- AGAINST THE ORDER DATED 26/11/2003 IN IA. 710 /2002 IN OS.45/2002 of SUB COURT, PALA APPELLANTS/CR.PETITIONERS/DEFENDANTS. -------------------------------------------------------- 1. ELSI JOSEPH, W/O.JOSEPH, VALLARINGATTU HOUSE, PIZHAKKU KARA, RAMAPURAM VILLAGE. 2. BINDU D/O.JOPSEH, VELLARINGATTU HOUSE, PIZHAKKU KARA,RAMAPURAM VILLAGE. 3. BINU, D/O.JOSEPH, VELLARINGATTU HOUSE, PIZHAKU KARA, RAMAPURAM VILLAGE. 4. BABU, S/O. JOSEPH, VELLARINGATTU HOUSE, PIZHAKU KARA, RAMAPURAM VILLAGE. BY ADV. SRI.JAMES KURIAN RESPONDENT(S): PETITIONER/PLAINTIFF. ------------------------------------ P.K.SURESH, PAZHAYIDATH HOUSE, AMANAKARA KARA, RAMAPURAM VILLAGE, REP.BY HIS POWER OF ATTORNEY HOLDER R.RAJAN, OORAKATTU HOUSE, RAMAPURAM KARA, RAMAPURAM VILLAGE. ADV. SRI.A.MOHAMMED FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. 219/2003 = = = = = = = = = = = = DATED THIS, THE 1ST DAY OF JUNE, 2009. J U D G M E N T Raman, J. This appeal is directed against an order appointing a Receiver, passed by the Sub Court, Pala, in I.A. No. 710/2002 in O.S. 45/2002, to the plaint schedule property, which is the subject matter of an agreement between the plaintiff and the defendant. The suit is one for specific performance. During the pendency of the suit, the plaintiff filed the present application for appointment of a Receiver for administration and management of the property. Eventually, the court allowed the application against which this appeal is filed. 2. At the time of admitting the appeal, this Court granted a stay of the order impugned on condition to deposit an amount of Rs. 50,000/- before the court below. Five years have elapsed thereafter. At this distance of time, we do not think that the application for appointment of a Receiver is still alive for consideration. In the factual situation, we direct that based on any subsequent cause of action, either as to mismanagement of the FAO 219/2003 :2: property or committing act of waste, it will be open to the plaintiff to seek appropriate relief in the suit. If the suit is still pending the disposal of the same may be expedited. Accordingly, the interim order of stay passed by this Court is made absolute and the order passed by the court below is set aside with liberty to the plaintiff to move afresh or to claim reliefs as stated in the above paragraph. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-