Sailaja v. Jayamohan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 FAO.No. 232 of 2014 () ----------------------- APPELLANT/PETITIONER:- -------------------- SAILAJA D/O.BHASURANGI, ASWANI BHAVAN, ALAYAMON MURI ALAYAMON VILLAGE, PATHANAPURAM TALUK KOLLAM NOW R/A.7A-1'SAMARIYA'S CENTRE, PMG JUNCTION THIRUVANANTHAPURAM BY ADVS.SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT/RESPONDENT:- --------------------- JAYAMOHAN S/O.JANARDHANAN PILLAI, JAYAMOHAN VILASOM BUNGLOW MATHRA MURI, KARAVALUR VILLAGE PATHANAPURAM TALUK-691501 BY ADV. SRI.MANOJ RAMASWAMY BY ADV. SMT.SANJANA R.NAIR BY ADV. SMT.V.SREEJA THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kvs/-

P.B.SURESH KUMAR, J.

= = = = = = = = = = = F.A.O.No.232 of 2014.

= = = = = = = = = = = Dated this the 5th day of February, 2015.

J U D G M E N T

The appellant in A.S.No.52 of 2012 on the file of the Court of the Subordinate Judge, Kottarakkara has come up in this appeal challenging the decision on an interlocutory application for injunction filed in the appeal. 2.

I.A.No.713 of 2012 was the application for temporary injunction filed in the appeal. Though the appellate court granted an ad interim order of injunction in the application, the said order was later modified as per the order impugned in this appeal.

3.

The impugned order was passed as early as on 27.6.2013. The appeal is seen filed only on 25.7.2014. All throughout there was no injunction in the case. 4.

In the circumstances, I am of the view that the entitlement of the appellant to get an order of injunction as sought for in I.A.No.713 of 2012 need not be considered at this stage in this appeal and the appeal can be closed

F.A.O.No.232/2014.

directing the appellate court to dispose of A.S.No.52 of 2012 itself expeditiously.

5.

In the result, the appeal is disposed of directing the Court of the Subordinate Judge, Kottarakkara to dispose of A.S.No.52 of 2012 as expeditiously as possible, at any rate, before the closure of the court for summer recess.

Sd/- P.B.SURESH KUMAR, (Judge) Kvs/- // true copy // PA TO JUDGE.