The appeal is against the judgment of at learned judge of this Court, decreeing the plaintiff's suit for a permanent injunction restraining the defendants from conducting the'Viruthikulangara Wine Stores' in the plaint schedule building or from using the building for any purpose other than that for which it was let, viz. for conducting a gold trade. The trial court, the Munsiff of Kottayam dismissed the suit. The Appellate Judge viz, the Subordinate Judge, Kottayam decreed the suit; and the learned judge in Second Appeal, sustained the judgment and decree of the lower appellate court. He, however, grant d leave to appeal, which had occasioned this further appeal:

2. The judgment of the learned judge was on 31st January, 1977, and leave to appeal was granted the same day on oral request of the appellants herein. The learned Advocate General appearing for the plaintiff-respondent raised the preliminary objection that the appeal is not maintainable. Under S.5(iii) of the Kerala High Court act, 1959 an appeal shall lie to a Bench of judges, from a judgment of a single judge, in the exercise of appellate jurisdiction, in respect of a decree or order made, in the exercise of a