IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 16TH SEPTEMBER 2009 / 85TH BHADRA 1931 WP(C).No. 6041 of 2007(T) ------------------------- CMA.81/2006 of D.C.& SESSIONS COURT,THODUPUZHA OS.118/2001 of MUNI-MAGI COURT, DEVICOLAM .................... PETITIONER(S): --------------- C.R.MUTHUKAMAKSHY, AGED 63, S/O.RAMALINGAM, RESIDING AT KOVILLOOR KARA, VATTAVADA VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): --------------- 1. SUNNY, S/O.MATHAI, AGED 54 YEARS, RESIDING AT EDAYATTUKUDIYIL HOUSE, RAMALLOOR KARA, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. 2. PALANI SWAMY, S/O.KUMARA SWAMY, AGED 55, RESIDING AT KOVILLOOR KARA, VATTAVADA VILLAGE, DEVIKULAM TALUK. ADV. SRI.K.MOHANAKANNAN FOR R.2 SMT.A.R.PRAVITHA FOR R.2 SRI.SIBY MATHEW FOR R1 SMT.ANEY PAUL FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.6041 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of September, 2009 JUDGMENT This is a writ petition filed by the first defendant in O.S.No.118/2001 on the file of Munsiff Court, Devikulam under Article 227 of the Constitution seeking to set aside Ext.P5 judgment. The first respondent filed O.S.No.118/01 before the Munsiff Court, Devikulam against petitioner and second respondent for declaration of his title over and recovery of possession of the petition schedule property. The suit was decreed ex parte on 28/02/2005. The writ petitioner filed I.A.No.973/2006 for setting aside the ex parte decree and I.A.No.974/2006 for condonation of delay. The trial court by order- Ext.P3 dated November 20, 2006 dismissed the petition. On appeal by the writ petitioner - C.M.A.No.81/2006, the District Court, Thodupuzha by Ext.P5 judgment dated 18/1/2007 dismissed the appeal also. Now the petitioner has challenged Ext.P3 order and Ext.P5 judgment. When the writ petition came up for hearing, learned counsel for WP(C)No.6041/2007 Page numbers the petitioner was absent. Learned counsel for the first respondent/plaintiff submitted that the decree has already been executed and plaintiff has obtained possession of the petition schedule property. Therefore the writ petition has become infructuous and the same is hereby dismissed as infructuous. P.Q.BARKATH ALI JUDGE sv. WP(C)No.6041/2007 Page numbers