JOSE P THOMAS Vs. MATHEW ABRAHAM

JUDGEMENT

(1.) THIS appeal is by the plaintiff in a suit for partition. He filed an interlocutory application against defendants 1, 8 and 9 seeking an order of temporary prohibitory injunction restraining those defendants from creating any documents, affecting the right in the properties and encumbering or making any construction therein or from committing any act of waste or inducting the 8th defendant or any other person into the plaint schedule property.

(2.) WITH affidavits and counter affidavits on record, the court below elaborately considered the rival contentions and held that no case is made out for an order of temporary injunction. Accordingly, the application was dismissed. Hence this appeal by the plaintiff.

(3.) OBVIOUSLY, the trial has to be concluded at the earliest since defendants 1 and 9 have with them permits to put up residential and commercial buildings. Though we see the anxiety of that party and the learned counsel's offer that they may be permitted to continue with the construction without claiming any equitable right, we are of the view that it would not be wise to modify the situation obtained as per the interim order dated 21.2.2012 now. The permits were obtained in August, 2010. Though they are due to expire by 18.8.2013, we are not shown that any activity of construction had commenced before the order dated 21.2.2012 was issued by this Court. For the aforesaid reasons, we order this appeal directing that the court below will decide the suit untrammelled by anything stated in the order impugned in the appeal and the afore-quoted order dated 21.2.2012 in I.A.No.401 of 2012, which order would continue to govern parties during the pendency of the suit in the trial court. The parties are directed to mark their appearance before the court below on 10.9.2012. The court below will expedite the final disposal of the suit and would dispose it off at the earliest, at any rate, on or before 31st January, 2013.