IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 FAO.No. 7 of 2007() ------------------- AS.8/2004 of SUB COURT, NEDUMANGAD OS.453/2001 of PRL.MUNSIFF'S COURT,NEDUMANGAD .................... APPELLANT/RESPONDENT/DEFENDANT: --------------------------------------------------------------- IBRAHIM PILLAI ABDUL RASHEED, ANCHAMKALLU ROADARIKATHU VEEDU, MANICKAL MURI, PULLAMPARA VILLAGE. BY ADV. SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SRI.V.VINAY MENON SRI.KIRAN SANKAR RESPONDENTS: APPELLANT/PLAINTIFF: -------------------------------------------------------------- IBRAHIM PILLAI DILEEP, KALLINGAL KOTTAKKAL KADAYIL VEEDU, VADAKUMKARA MURI, KARIPOOR VILLAGE. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 21/05/2008 ALONG WITH F.A.O.NO.8/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.80/2007 IN F.A.O.NO.7/2007 DISMISSED 21/05/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss KURIAN JOSEPH & A.K. BASHEER, JJ. - - - - - - - - - - - - - - - - - - F.A.O.NO.9 OF 2007 - - - - - - - - - - - - - - - - - - DATED THIS THE 8TH DAY OF JANUARY, 2007. JUDGMENT Kurian Joseph, J. Respondents/defendants in I.A.No.5235/2006 in O.S.No.61/2006 on the file of the Second Additional Sub Court, Kozhikode are the appellants herein. Respondent is the plaintiff. The suit is one for specific performance. On the interlocutory application, the trial court passed an order of interim injunction restraining the appellants herein from alienating or transferring the possession of the plaint schedule property and creating encumbrance on the same till the disposal of the suit. Though several contentions are taken in the appeal , in the nature of the order we propose to pass it is not necessary to refer to the same. We also feel that it is not necessary in such circumstances to issue notice to the respondent either. Since the suit is one for specific performance and since there is no interim injunction against the appellants/defendants, there will be a direction to the Second Additional Subordinate Judge's Court, Kozhikode to FAO.9/2007 ..2.. dispose of O.S.No.61/2006 expeditiously, at any rate within a period of four months from the date of receipt of a copy of this judgment. Needless to say that the suit will be disposed of untrammelled by the observations and findings in the impugned order. (Kurian Joseph, Judge.) (A.K. Basheer, Judge.) pmn/