IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 FAO.No. 235 of 2010() ------------------------------- OS.352/2010 of SUB COURT,ATTINGAL .................... APPELLANT/PLAINTIFF --------------------------------------- K.C.CHACKO,S/O.T.M.CHACKO, RESIDING AT MUKKADAN HOUSE,T.C.2/1043,PATTOM PO, THIRUVANANTHAPURAM DISTRICT-4. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): DEFENDANTS ------------------------------------------------ 1. R.S.ANITHA, D/O.SADASIVAKURUP, ANITHA BHAVAN, KALLAMBALAM, THOTTAKKAD DESOM, KARAVARAM VILLAGE, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM-695 605. 2. SADASIVAKURUP, S/O.KRISHNAKURUP, ANITHA BHAVAN, KALLAMBALAM, THOTTAKKAD DESOM, KARAVARAM VILLAGE, CHIRAYINKEEZH TALUK, 695 605. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 04/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = F.A.O.No.235 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of October, 2010. Judgment Thottathil B.Radhakrishnan, J. This appeal of the plaintiff is against an order rejecting an application for temporary injunction filed in a suit for specific performance of an agreement for sale of immovable property. After hearing the learned counsel for the appellant, we are satisfied that the fundamental grievance of the appellant relates to certain findings rendered by the court below during the course of deciding the interlocutory application. Though they are made by the court below in holding that the temporary injunction as sought for was not called for, we are clear in our mind that those findings in the impugned order would not bind the parties at trial. We, therefore, order that the FAO235/10 -: 2 :- court below will try the suit and dispose of the same in accordance with law, untrammelled by anything stated in the impugned order. We, however, do not find any ground to interfere with the impugned order. Subject to the above observations, this appeal is dismissed in limine. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/ 0610