1. This appeal is filed against the order in I.A.575/2003 in A.S.60/2003 on the file of the Sub Court, Neyyattinkara. The interlocutory application was filed for temporary injunction under 0.39, Rr.1 and 2 of Code of Civil Procedure restraining the respondent from forcible eviction of the petitioner from the plaint schedule property. The suit filed by the petitioner was dismissed by the trial court and against the judgment and Decree he filed appeal before the first appellate court. Pending appeal the above interlocutory application was filed for interim relief. The appellate court has declined to grant interim relief and therefore the appellant has approached this Court by way of this appeal. Learned Counsel for the respondent submitted that this appeal itself is not maintainable as the appeal is filed against an interim order passed in appeal. He relied on the decision of this Court reported in Chellappan v. Varughese (1963 KLT 502) where this Court has considered the maintainability of an appeal filed against an interlocutory order passed in C.M.A. This Court found that under S.104(2) of Code of Civil Procedure there is a clear bar of filing further appeal. This deci