IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 254 of 2010()
1. SHANIL.S, AGED 40 YEARS,
... Petitioner
Vs
1. SOMAKUMARI, AGED 58 YEARS,
... Respondent
2. REEJA SABU, AGED 37 YEARS,
3. BABURAJ, AGED 48 YEARS,
For Petitioner :SRI.SREELAL N.WARRIER
For Respondent :SRI.P.B.SURESH KUMAR
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :09/12/2010
O R D E R
K.M. JOSEPH &
M. C. HARI RANI, JJ.
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F.A.O. NO. 254 OF 2010
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Dated this the 9th December, 2010.
JUDGMENT
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.
Sd/=
K.M. JOSEPH,
JUDGE
Sd/=
M.C. HARI RANI,
JUDGE
kbk.
//True Copy//
PS to Judge
FAO.NO.254/2010 3