IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 FAO.No. 110 of 2005() --------------------- AGAINST THE ORDER DATED 17/03/2005 IN IA.4598/2004 IN OS.348/2004 of ADDL.SUB COURT, PALAKKAD .................... APPELLANT/APPLICANT/PLAINTIFF: ------------------------------------------------- NALINI R. MENON, W/O.A.R.MENON, NALINAM, OPP: MERCY COLLEGE, PALAKKAD. BY ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.HARISH R. MENON SRI.R.SURAJ KUMAR RESPONDENT(S)/RESPONDENTS/DEFENDANTS: ------------------------------------------------------------------- 1. KRISHNAN UNNI S. NAIR @ K.S.NAIR, S/O.LATE P.SANKUNNI NAIR, ABOOBACKER MANSION, 4TH FLOOR, FLAT NO.32, COLABA CAUSEWAY, FORT, BOMBAY-1. 2. DR. MOHANDAS S. NAIR, S/O.DO. IN 7-LIGHTTOWN GARDENS, CONDORROT, CUMBERHAVID, G 674, EX. SCOTLAND, UNITED KINGDON. 3. VATSALA RAMANKUTTY, D/O.DO. RESIDING AT SANKUNNI NIVAS, PUNKUNNAM, THRISSUR. 4. PADMAJA VASAN, D/O.DO. RESIDING AT B L K 41S,10-062,HOUGONG AVE 8, SINGAPORE-1964. 5. GIRIJA PREMKUMAR, D/O.DO. RESIDING AT 08-03 KOTANG PARK TOWERS, 114A- AURTHER ROAD, SINGAPORE-439826. 6. TREASA, W/O.LATE RAJAN S. NAIR, ST. JOSEPH CROSS, 31, MOUNT CARMEL ROAD, BANDRA WEST, MUMBAI-50. 7. AMBIKA SETHUMADHAVAN, D/O.P.SANKUNNI NAIR, SANKUNNI VILLA, PARAKUNNAM, PALAKKAD. 8. MALLIKA GOPINATH, D/O.DO. BUILDING NO.63 FLAT NO.201, KACHNAR, VASANT VIHAR CO-OPERATIVE HOUSING SOCIETY, 2ND B KARAR ROAD, THANE WEST. ADDL.R9 TO R14 MPLEDED. 9. K.K. VIJAYAPRASAD, S/O. E.M. KRISHNANKUTTY MENON, AGED 34, RESIDING AT 873/1 “SREEREKHA”, PUMP ENGINE ROAD, KAVIPPADU AMSOM DESOM, PALAKKAD TALUK. 10. KAVITHA, W/O. K.S. SUDHIR, AGED 30, RESIDING AT KADHAVI NIVAS, THANAVU, PUTHUPPARIYARAM AMSOM DESOM, PALAKKAD TALUK. 11. M. SULTHAN, S/O. M. MUHAMMED MOIDEEN, AGED 48, RESIDING AT 41/133, RIYAZ MANZIL, RAM NAGAR, VADAKKANTHARA AMSOM DESOM, PALAKKD TALUK. 12. A PYARIJAN, W/O. M. SULTHAN, IN DO. DO. 13. K.S. SUDHIR, S/O. K.M. SUKUMARAN, AGED 35, RESIDING AT MADHAVI NIVAS, THANAVU, PUTHUPPARIYARAM AMSOM DESOM, PALAKKAD TALUK. 14. K.L. LUKOSE, S/O. ULAHANNAN LUKOSE, AGED 64, RESIDING AT KOKKARAVALIL HOUSE, PATHIRI NAGAR, P.O. DHONI, AKATHATHARA AMSOM DESOM, PALAKKAD TALUK. ADDL.R9 TO R14 IMPLEADED AS PER ORDER DTD. 15.6.2005 IN I.A. 1812/2005. ADV. . FOR R1 & R7 BY ADV. SRI. P.R. VENKETESH. SRI.V.CHITAMBARESH FOR R10 TO 13 SRI.T.C.SURESH MENON FOR R10 TO 13 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 25705/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No.110 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2009. JUDGMENT Raman, J, Appellants is the plaintiff in a suit for partition. She filed an application for temporary injunction seeking to restrain alienation of plaint A schedule property, which was refused by the court below, against which the present appeal is filed. 2. This court, while admitting the appeal, granted an order of injunction as prayed for. Subsequently the same was modified by order dated 18th July, 2005 enabling respondents 9 to 14, the subsequent assignees, to make constructions in the plaint schedule property provided they leave an extent of ten cents with road access so as to enable the appellants to enjoy the property in case they succeeded in the suit. That modified order is still in force. The suit is still pending. In the circumstances, no further modification of the order is found necessary. The interim order passed as modified on 18.7.2005 will continue until the disposal of the suit. Any finding or observation FAO. 110.2005. 2 made in the order impugned or by this court is for the limited purpose of passing an interim order as aforesaid and the suit will be disposed of in accordance with law untramelled by any such observation. P.R. Raman, Judge P. Bhavadasan, Judge sb.