IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 CRP.No. 504 of 2005() ------------------------------- AGAINST THE ORDER DATED 10/01/2005 IN IA 375/04 IN OS.170/1993 of MUNSIFF COURT,PATHANAMTHITTA .................... REVN. PETITIONER(S): COUNTER PETITIONER NO.2/2ND RESPONDENT: ----------------------------------- OMANA KUMARI, CHIRAYATHU HOUSE, KADAMMANITTA, NARANGANAM VILLAGE. BY ADV. MR.V.PHILIP MATHEW RESPONDENT(S): PRTITIONER/PLAINTIFF AND 3RD & 4TH COUNTER ------------------------- PETITIONERS (IST COUNTER PETITIONER HAD DIED. HENCE NOT MADE PARTY HEREIN) 1. KUTTAPPA PANICKER, MELETHARAYIL, KADAMMANITTA MURI, NARANGANAM VILLAGE. 2. LEKSHMIKKUTTIAMMA, MELETHARAYIL HOUSE, OF DO. DO. 3. MANIAMMA OF DO. BY ADVS. MR.V.SANTHARAM FOR R1 MR.ANTO THOMAS FOR R1 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.504 of 2005 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 23rd May, 2009 ORDER The revision is filed against an order passed by the trial court condoning the delay in filing an application under Order IX Rule 9 C.P.C. moved by the plaintiff for restoration of his suit dismissed for default. It is submitted, after restoration, the suit, namely, O.S.No.170/93 had been disposed after trial and now an appeal is pending. The revision petition, therefore, has become infructuous and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE