IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 FAO.No. 271 of 2008() --------------------- AGAINST THE ORDER DATED 02/09/2008 IN IA.951/2008 IN OS.23/2008 of SUB COURT, PAYYANNUR APPELLANT/PETITIONER/PLAINTIFF --------------------------------------- KOYAMMADATH ABDULKAREEM HAJI, S/O.MOOSA HAJI, MADAI AMSOM AND PUTHIYANGADI DESOM, P.O.MADAI, KANNUR DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENTS: RESPONDENTS/DEFENDANTS ------------------------------------- 1. ZIYALI MUHAMMED, S/O.NAFEESA UMMA, RAMANTHALI AMSOM AND DESOM, TALIPARAMBA TALUK, P.O.VADAKKUMBAD, KANNUR DISTRICT, PIN : 670 330. 2. KOOTTUVAN PEEDIKAYIL SHAREEFFA, W/O.ZIYALI MUHAMMED, -DO- ADV. SRI.MAHESH V RAMAKRISHNAN FOR R1 & 2 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = F.A.O. 271/2008 = = = = = = = = = = = = = DATED THIS, THE 10TH DAY OF AUGUST, 2009. J U D G M E N T Raman, J. The appellant is the plaintiff in O.S. 23/2008 on the file of the Sub Court, Payyanur. Respondents are the defendants. The suit is one for specific performance. During the pendency of the suit, when the defendants attempted to start construction of a building in the plaint schedule property, the plaintiff filed an application for injunction restraining the defendants from effecting any construction in the plaint schedule property interalia contending that if such a construction is made, it will ultimately defeat the relief sought for in the suit. The court below dismissed the application against which this appeal is filed. 2. In the appeal, by an interim order, this Court directed that construction, if any, made by the respondents will not entitle them to claim any special right. Nothing remains to be done in this appeal. The interim order is made absolute. Untrammelled by the observations F.A.O. 271/2008 2 made in the order impugned in this appeal, the suit is to be disposed of, if it is pending. The appeal is disposed of as above. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-