IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 27341 of 2008(E) -------------------------- OS.266/2007 of ADDL.SUB COURT,KOTTAYAM .................... PETITIONER(S): --------------- KUNNATH KURUVILA, AGED 57 YEARS, S/O.KURUVILA, KUNNATH HOUSE, PERIKKALLOOR P.O., PULPALLY, WAYANAD DISTRICT & MANAGING PARTNER, ST.MARY'S SPICES & CONDIMENTS, DOOR.NO.PP/V/165D, KUNNATH BUILDING, PULPALLY, WAYANAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- KURUVILA MANI, S/O.P.C.KURUVILA, PARAYIL HOUSE, MANARKKAD P.O., MANARKKAD VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. ADV. SRI.SURIN GEORGE IPE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.27341 OF 2008 () ----------------------------------- Dated this the 5th day of February, 2010 J U D G M E N T Petitioner is the defendant in a suit for money instituted by the respondent. Challenge raised by the petitioner disputing the jurisdiction of the court below to entertain the suit was negatived after considering that as a preliminary issue. Writ petition is filed challenging the order so passed by the court below. The learned counsel for the petitioner, at the time of hearing, submitted that the suit in which the order impugned was passed has been rejected for non-payment of the balance court fee by the respondent/plaintiff. That being so, the writ petition has become infructuous. Writ petition is dismissed as infructuous. S.S.SATHEESACHANDRAN JUDGE prp