High Court Kerala High Court

Shanil.S vs Somakumari on 9 December, 2010

Kerala High Court
Shanil.S vs Somakumari on 9 December, 2010
       

  

  

 
 
  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.
                     -----------------------------------------
                          F.A.O. NO. 254 OF 2010
                    ------------------------------------------
                  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