Appeal filed against order granting interim injunction to protect property from demolition. Court disposed of appeal without adjudicating merits, directing expedited disposal of final decree.
Appeal disposed of without costs; order to expedite final decree disposal within four months issued; stay of injunction not granted.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
FAO NO. 66 OF 2022
AGAINST THE ORDER IN IA 3/2022 IN I.A NO.1 OF 2021 IN I.A NO.752 OF 1991 IN OS 10/1971DATED 23-02-2022 ON THE FILE OF SUB COURT, OTTAPPALAM. APPELLANT (RESPONDENT/1ST RESPONDENT :
KRISHNAN NAMBOODIRI, AGED 77 YEARS, S/O.PURUSHOTHAMAN NAMBOODIRI, KUMARAMPULAKKAL MANA, CHERUKUDANGAD AMSOM, PALLIPPUAM P.O., PALAKKAD-679 305.
BY ADVS. T.SETHUMADHAVAN (SR.) PREETHI. P.V. M.V.BALAGOPAL DEEPA NARAYANAN
RESPONDENT (PETITIONER/5TH RESPONDENT) :
SAVITHRI, AGED 71 YEARS, KOCHITHODIYIL HOUSE, D/O.LATE KUMARAMPULAKKAL SAVITHRI ANTHARJANAM, PALLIPPURAM P.O., PALAKKAD-679 305.
OTHER PRESENT:
SANTHEEP ANKARATH,CAVEATOR
THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO No.66 of 2022 2
P.SOMARAJAN, J.
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F.A.O No.66 of 2022
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Dated this the 27th day of May, 2022.
J U D G M E N T
Against the order of injunction granted in a final decree proceedings, the aggrieved person came up in appeal. What is passed by the trial court is to preserve the property and to protect it from doing any act of waste.
a direction to expedite the disposal of the final decree
FAO No.66 of 2022 3
application within a time schedule of four months from the date of appearance of the parties, for which the parties shall appear before the trial court on 08-06-2022.
The appeal stands disposed of accordingly without making any further observation regarding the merits and demerits of the dispute involved.
The appeal is disposed of accordingly without ordering any costs.
Sd/-
P. SOMARAJAN, JUDGE
amk
1 issue framed by the court
Whether the appeal regarding interim injunction in property dispute merits disposal on merits at this stage.
KRISHNAN NAMBOODIRI
SAVITHRI
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
