IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 FAO.No. 300 of 2007() --------------------- I.A. NO. 6600/2006 IN OS.592/2006 OF I ADDL.SUB COURT,ERNAKULAM .................... APPELLANT/PETITIONER/PLAINTIFF --------------------------------------- DR. GRACY ABRAHAM, AGED 49, W/O. ABRAHAM, PERINGATTU HOUSE, UDAYAMPEROOR, MANAKUNNAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.ABRAHAM P.GEORGE SRI.PAULACHAN PUTHUPARA RESPONDENTS: RESPONDENTS/DEFENDANTS ------------------------------------------------------- 1. JOSEPH, AGED 72, S/O. MOOLAYIL MATHAI, MOOLAYIL HOUSE, (NADUVILE MANGATTU) MAMPUZHA, KEECHERI VILLAGE, KANAYANNUR TALUK. 2. ANTONY, AGED 69, S/O. MOOLAYIL MATHAI, MOOLAYIL HOUSE, (NADUVILE MANGATTU), MAMPUZHA, KEECHERI VILLAGE, KANAYANNUR TALUK. 3. THOMAS, AGED 62, S/O. MOOLAYIL MATHAI, MOOLAYIL HOUSE, (NADUVILE MANGATTU) MAMPUZHA, KEECHERI VILLAGE, KANAYANNUR TALUK. ADV. SRI.K.SREEKUMAR, SENIOR ADVOCATE SRI.M.MANOJKUMAR (CHELAKKADAN) FOR R1 TO R3 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY, PASSED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = F.A.O. 300 OF 2007 = = = = = = = = = = = = = DATED THIS, THE 24TH DAY OF JULY, 2009. J U D G M E N T Raman, J. This is an appeal against the order dismissing an application for injunction. Though exparte ad interim injunction was granted, on contest the same was vacated. Hence this appeal. 2. In I.A. 991/2008 as early as on 29.2.2008 we have passed an order that the suit pending shall be disposed of untrammelled by the order passed in the appeal. We happened to pass an order since the suit itself was listed for trial on 4.3.2008. More than one year has elapsed therefrom. From the absence of the parties, we inferred that the suit itself is disposed of subsequently rendering this appeal infructuous. Accordingly, this appeal is dismissed as infructuous. P.R. RAMAN, JUDGE P. BHAVADASAN, JUDGE. KNC/-