High CourtsDivision Bench(2010) 12 KL CK 0064

Shanil. S vs Somakumari, Reeja Sabu and Baburaj

High Court Of Kerala · Decided on 9 December 2010

HON’BLE JUDGES
M.C. Hari Rani, J · K.M. Joseph, J
CASE NUMBER
FAO No. 254 of 2010

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Judgment

3 paragraphs · 206 words

K.M. Joseph, J.—This is an Appeal filed challenging the order passed in I.A. Nos.4115/09 and 4116/09 in OS. No. 979/09 on the file of the Additional Sub Court, Kollam. They are Applications filed by the Plaintiff in the Suit seeking attachment and interim injunction. The Court below has rejected the Applications. It is feeling aggrieved by the same that the Appellant is before us.

2.

We heard Shri Sreelal Warriar, learned Counsel for the Appellant and Shri P.B. Sureshkumar, learned Counsel appearing for the Respondents.

3.

In the nature of the order we propose to pass, we do not think it necessary for us to advert to the contentions of the parties. Maintaining the interim order which we have passed, namely the FAO. No. 254/2010 2 ordering of interim injunction restraining the Respondents from alienating the properties mentioned in I.A. No. 4115/09 in the Suit, OS. No. 979/09, we direct the Court below, in the circumstances, to dispose of the Suit itself finally on or before 31.3.2011. We make it clear that we have not expressed any view regarding the merits of the matter and the Court below will proceed to dispose of the Suit on merits, untrammeled by the order of injunction we have granted.