IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 WP(C).No. 9051 of 2009(O) ------------------------- AGAINST THE ORDER DATED 11/02/2009 IN IA 157/2009 IN OS.140/2000 of ADDL.SUB COURT,KOLLAM .................... PETITIONER(S): ----------------------- VELU MEENAKSHI, CHARUVILA KIZHAKKATHIL, CHATHANNOOR TAZHAM VADAKKUCHERRY, MEENADU VILLAGE, KOLLAM DISTRICT. BY ADV. MR.A.MOHAMED MUSTAQUE RESPONDENT(S): --------------------------- 1. A.K.LUKE, S/O.ALEXANDER LUKE, RESIDING AT SALEIL COIPPURATHU BUNGLOW, MAMPALLIKUNNATHU CHERRY, MEENAD, KOLLAM DISTRICT. 2. MRS.SUSEELA, AGED 50 YEARS, D/O.ALEXANDER LUKE, DO. DO. 3. MRS.ALYAMMA, W/O.YAKOB KURIKESU, JAYA BHAVAN, THAZHAM VADAKKU CHERRY, MEENADU, CHATHANNOOR, KOLLAM. 4. JACOB KURIYAN, S/O.YACOB KURIKESU, DO. DO. 5. SARAMMA, D/O.YAKOB KURIKESU, DO. DO. 6. THANKAMMA, D/O.YAKOB KURIKESU, DO. DO. 7. THOMAS MUTHALALY, THEKKE COIPPURATHU THAZHAM VADAKKU CHERRY, MEENADU, CHATHANNOOR, KOLLAM. Kss ..2/- ....2..... WPC.NO.9051/2009 O 8. K.N.ALEXANDER, S/O.RAICHAL LUKE, COIPPURRATHU, PUTHEN BUNGALOW, NJAVAROOR. 9. K.N.JACOB, S/O.RAICHAL LUKE, DO. DO. 10. JANARDHANAN, BOSE VILASAM, COIPPURATHU PUTHEN BUNGLOW, NJAVAROOR. 11. VASANTHI, W/O.JANARDHANAN, DO. DO. 12. RETNAMMA, CHARUVILA VEEDU, DO. DO. 13. MOHANKUMAR @ SATHEESAN, S/O.RETNAMMA, DO. DO. 14. THANKAMMA THOMAS, W/O.JOHN, MOLY BHAVAN, DO. DO. 15. ANNAMMA JOHN, @ MOLY, D/O.JOHN, RESIDING AT VANDANA, NEAR MUNICIPAL CHILDREN'S PARK, THEVALLY WARD, KOLLAM. 16. CHAKO JOHN, S/O.JOHN, RESIDING AT JO & JO MAVILAZHIKATHU VEEDU, KARAMCODE, CHATHANNOOR. 17. MATHEW JOHN, S/O.JOHN, MOLY BHAVAN, THAZAM VADAKKU. R4 BY ADV. MR.P.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9051/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.140/00 ON THE FILE OF THE ADDITIONAL SUB COURT, KOLLAM. P2: COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 3 TO 5 AND 6,7. P3: COPY OF THE AFFIDAVIT WITH PETITION FOR AMENDMENT IN I.A.NO.157/2009. P4: COPY OF THE AFFIDAVIT FILED BY THE 4TH RESPONDENT IN I.A.NO.157/09. P5: COPY OF THE ORDER IN I.A.NO.157/2009 IN O.S.NO.140/00 DTD. 11/02/2009 ON THE FILE OF THE ADDITIONAL SUB COURT, KOLLAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ...3...... WPC.NO.9051/2009 O J U D G M E N T Counsel for the petitioner submits that the suit has been dismissed and the writ petition has become infructuous. The writ petition is dismissed. 25/06/2009 Sd/- S.S.Satheesachandran, Judge /True Copy/ P.S.to Judge Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.9051 OF 2009 -------------------------- Dated this the 4th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed by the plaintiff in O.S No.140 of 2000 on the file of the Sub Court, Kollam challenging the dismissal of an application for amendment in the plaint. During the pendency of the writ petition, it is submitted , the suit was dismissed for default. Petitioner, it is submitted, has filed an application for restoring the suit. However, as there is no suit at present, the challenge raised in the writ petition against the dismissal of the amendment petition will not survive. Reserving the right of the petitioner to file a fresh petition to challenge the dismissal of the amendment petition W.P.(C).No.9051 OF 2009 Page numbers in case the suit is restored to file, allowing the application which is stated to have been moved by her, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv