SUBHASH Vs. JOSE P THOMAS

JUDGEMENT

(1.) 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 interlocutory orders. With the above observations, the appeal is dismissed. The appellant should serve a copy of this judgment on the respondents forthwith.