IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 FAO.No. 113 of 2008() --------------------- APPELLANT ----------------------------- RAJAN.J., AGED 49 YEARS S/O. JOHN, RESIDING AT AISWARYA, MAVARTHALAKONAM ULLOOR VILLAGE, SREEKARYAM P.O.,THIRUVANANTHAPURAM BY ADV. SRI.V.N.GOPALAKRISHNAN NAIR SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. CHANDRASEKHARAN NAIR AGED ABOUT 58 YEARS, S/O. SIVARAMA PILLAI RESIDING AT ROHINI, CHENCHERI MURI ULLOOR VILLAGE, ULLOOR, THIRUVANANTHAPURAM. 2. ANAND C.V., AGED ABOUT 28 YEARS S/O. CHANDRASEKHARAN NAIR RESIDING AT ROHINI, CHENCHERI MURI ULLOOR VILLAGE, ULLOOR, THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA FOR R1-2 SRI.M.S.KALESH FOR R1-2 SRI.HARISH GOPINATH FOR R1-2 SRI.V.VINAY MENON FOR R1-2 SRI.M.AJAY (IRUMPANAM) FOR R1-2 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 15/07/2009, ALONG WITH WPC NO. 14102 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- FAO NO.113/08 & WP(C) NO.14102/08 -------------------------------------------------------- Dated 15th July 2009 Judgment RAMAN, J. The appellant is the plaintiff. The suit is one for specific performance. The appellant obtained an ex parte order of injunction as per IA No.396/08. Subsequently, the respondent, after entering appearance filed IA No.485/08 for advancing the hearing of the case and to re-hear the IA. The court below, after considering the rival submissions, disposed of both the IAs and vacated the order of injunction. 2. The Writ Petition was filed, seeking to challenge the order passed by the court below in IA No.485/08. 3. When both these matters came up for consideration before this court, the learned counsel for the respondents submitted that the matter has since been settled between the parties. Accordingly, the Appeal and the Writ Petition are closed as infructuous. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta FAO 113/08 & WPC 14102/08 2 FAO 113/08 & WPC 14102/08 3