IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO No. 250 of 2007()
1. ANNA MANIKANTAN NAIR FORMERLY KNOWN AS
... Petitioner
Vs
1. SOBHA V.S., T.C.11/1535(1)
... Respondent
For Petitioner :SRI.R.S.KALKURA
For Respondent :SRI.RAJEEV V.KURUP
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice V.K.MOHANAN
Dated :13/11/2007
O R D E R
P.R. RAMAN & V. K. MOHANAN, JJ.
= = = = = = = = = = = = = = = = = = = =
F.A.O. NO. 250 OF 2007.
= = = = = = = = = = = = = = =
DATED THIS, THE 13TH DAY OF NOVEMBER, 2007.
J U D G M E N T
Raman, J.
The defendant in O.S. 504/2007 and the counter petitioner in I.A.
3831/2007 is the appellant herein. The respondent herein as the
plaintiff, filed I.A.. 3831/2007 for an injunction against the
defendant/appellant from alienating or altering the plaint schedule
property till the disposal of the suit and to communicate the said order
to the Pattam Sub Registrar Office. The court after hearing the
parties, allowed the prayer. Accordingly, the appellant is restrained
from alienating the property or altering the nature of the same till the
disposal of the suit. However, there are two schedules attached to the
plaint, ie. A schedule and B schedule. Plaint B schedule alone is the
subject matter of the suit, which is part of A schedule. As such this
Court, while admitting the appeal, restricted the interim injunction to
plaint B schedule alone. Since admittedly, plaint A schedule is a larger
extent, in respect of which no relief is claimed in the suit and the relief
sought for is confined to plaint B schedule, the court below ought to
FAO 250/2007 :2:
have clarified this position while passing the interim order.
2. Having heard both sides, the injunction order passed by the
court below is modified confining to B schedule. If the pleadings are
completed and the suit is ripe for trial and if a request is made by the
parties, the trial of the suit be expedited.
The F.A.O. is disposed of as above.
P.R. RAMAN,
(JUDGE)
V. K. MOHANAN,
(JUDGE)
knc/-