Over 2 lakh Indian cases. Search powered by Google!

Case Details

SUBHASH, AGED 46 YEARS versus JOSE P. THOMAS, AGED 42 YEARS

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


SUBHASH, AGED 46 YEARS v. JOSE P. THOMAS, AGED 42 YEARS - FAO No. 288 of 2006 [2006] RD-KL 2863 (7 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 288 of 2006()

1. SUBHASH, AGED 46 YEARS,
... Petitioner

Vs

1. JOSE P. THOMAS, AGED 42 YEARS,
... Respondent

2. BABU, AGED 44 YEARS,

For Petitioner :SRI.BIJU M.JOHN

For Respondent : No Appearance

The Hon'ble MR. Justice M.RAMACHANDRAN The Hon'ble MR. Justice A.K.BASHEER

Dated :07/12/2006

O R D E R

M. RAMACHANDRAN & A.K. BASHEER, JJ.


- - - - - - - - - - - - - - - - - -
F.A.O.NO.288 OF 2006
- - - - - - - - - - - - - - - - - -

DATED THIS THE 7TH DAY OF DECEMBER, 2006.



JUDGMENT

Ramachandran, J.

In a suit filed for specific performance at the instance of the plaintiff, an order had been passed by the Principal Sub Judge, Kochi on 30.9.2006, whereby certain amount of restrictions have been imposed on the defendants and they are disabled from alienating the properties or committing waste thereon. This order passed in I.A.No.1053/2006 in O.S.No.92/2006 is under challenge.

2. We have heard Shri Biju M. John, learned counsel appearing for the appellant. On the facts of the case as of now, there is no justification for interfering with the orders since, a dispassionate view is seen taken by the court below so as to preserve the interest of the plaintiff. Of course, the suit is yet to be finally decided and learned counsel for the appellant submits that the findings already recorded may adversely affect the trial of the suit.

3. We make it clear that the observations as of now made in the order should not unduly interfere with the final adjudication. The suit is exp[ected to be decided untrammelled by any findings already entered into for the purpose of Fao 288/2006 2 interlocutory orders. With the above observations, the appeal is dismissed. The appellant should serve a copy of this judgment on the respondents forthwith.

(M.Ramachandran, Judge.)

(A.K. Basheer, Judge.)

kav/


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.