IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 FAO.No. 65 of 2008() -------------------- AGAINST THE ORDER DATED 23/02/2008 IN IA 706/08 IN OS.120/2008 of ADDL.SUB COURT, IRINJALAKUDA .................... APPELLANT/RESPONDENT/1ST DEFENDANT: ---------------------------------------------------------------- RAMESHKUMAR, AGED 42 YEARS, S/O. BHASKARAN, THOTTIPILLY HOUSE, MATHILAKAM, KODUNGALLUR, PROPRIETOR OF M/S. MUTHU AGENCIES, S.N.PURAM, KODUNGALLUR. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENT(S): PETITIONER/PLAINTIFF: ---------------------------------------------------------- CANARA BANK, KODUNGALLUR BRANCH, REPRESENTED BY IT'S MANAGER, KODUNGALLUR BRANCH, THRISSUR DISTRICT. ADV. SRI.V.B.HARI NARAYANAN FOR R1 SMT.M.J.RAJASREE FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - F.A.O. No. 65 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of July, 2009. JUDGMENT Raman, J, The appeal itself is against an interim order passed by the court below directing the petitioner to surrender the passport on the basis of the apprehension that he may leave the jurisdiction of the court before the suit was finally disposed of. However, the passport was not surrendered and for fear that he will be arrested, this appeal was filed. This court directed not to arrest him, but directed that he shall not leave the country until further orders. It is reported that the suit itself has been decreed. If so, the appeal has become infructuous. Accordingly, the appeal is dismissed as infructuous. P.R. Raman, Judge P. Bhavadasan, Judge sb.