IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 113 of 2009()
1. C.V.RAJAGOPALAN,AGED 63 YEARS,
... Petitioner
Vs
1. K.M.RAJAN,AGED 70 YEARS,
... Respondent
For Petitioner :DR.GEORGE ABRAHAM
For Respondent :SRI.SAJAN VARGHEESE K.
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.BHAVADASAN
Dated :05/06/2009
O R D E R
P.R. RAMAN & P. BHAVADASAN, JJ.
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F.A.O. No. 113 of 2009
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Dated this the 5th day of June, 2009.
JUDGMENT
Raman, J,
Appeal by the plaintiff. The suit is one for specific
performance. As per the averments made in the plaint, substantial
amount has been paid towards the sale consideration by way of
advance. The parties are closely related. Pending suit, application
was moved seeking the plaintiff not to be dispossessed during the
pendency of the suit. Since it was alleged that the plaintiff was put
in possession pursuant to an agreement for sale, the court below
dismissed the application, against which the appeal is filed.
2. The respondent has filed a caveat and hence we
have the advantage of hearing the learned counsel for the
respondent.
3. In the factual situation, when the suit is one for
specific performance, atleast the court could have ordered to
maintain status quo, so that third party interest may not intervene.
Whether or not the plaintiff is in possession of the property cannot
F.A.O. 113/2009. 2
be decided in this appeal. However, to meet interests of justice, we
direct that whoever be in possession, neither of them shall alienate the
property in question until disposal of the suit.
The appeal is disposed of as above.
P.R. Raman,
Judge
P. Bhavadasan,
Judge
sb.