IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 FAO.No. 83 OF 2008 & CAVEAT 9/2008 AGAINST THE ORDER DATED 17/12/2007 IN IA.3097/07 IN OS.490/2007 OF ADDL.SUB COURT, IRINJALAKUDA APPELLNT/PETITIONER/PLAINTIFF KAMALUDDIN S/O.HYDROSE, AGED 51, KADAMBATT VEETTIL, KARUKUTTY DESOM, ALUVA TALUK. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: RESPONDENT/DEFENDANT:- PAULOSE, S/O.NETTIKKADAN, CHAKKURYA, MELOOR DESOM, MELOOR VILLAGE, MUKUNDAPURAM TALUK. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. NO. 83/2008 & CAVEAT NO.9/2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 25TH DAY OF MARCH, 2008. J U D G M E N T Raman, J. It is submitted by the counsel representing Advocate Sri. Bharathan that the property has already been alienated as per Document Nos. 883/08 and 885/08 dated 6.2.2008 of SRO Thrissur. If so, an order of injunction restraining alienation cannot be granted as the relief has become infructuous. However, we make it clear that whatever observations contained in the interim order will not influence the mind of the court in deciding the issue arising in the suit and we have no doubt in our mind that the court below will dispose of the matter after appreciating the evidence on record. The contention against the alleged sale, if any, is left open. The appeal is disposed of as above. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-