IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 OP(C).No. 1005 of 2011(O) ------------------------- OS.26/2009 of ADDL.SUB COURT, IRINJALAKUDA .................... PETITIONER/PLAINTIFF :- ---------------------------------------- ASHOKAN, AGED 62 YEARS, S/O.VELAYUDHAN, CHARUVIL HOUSE, THAINAGAR DESOM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.P.K.SAJEEV SRI.CIBI K.CHERIAN RESPONDENT(S)/DEFENDANT :- -------------------------------------------- SUDHAKARAN, S/O.VELAYI, THARAYIL HOUSE, NEAR KALIPARAMBU COLONY, THAINAGAR DESOM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK, KAIPAMANGALAM P.O., PIN-680 681. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ O.P(C).No.1005 OF 2011 ------------------------------ Dated this the 10 th day of March, 2011 JUDGMENT In this Original Petition, the petitioner has challenged the order dated 9.3.2011 in I.A.No.943 of 2011 in O.S.No.26 of 2009 on the file of the Court of the Additional Subordinate Judge, Irinjalakuda. The learned counsel for the petitioner submitted that the suit was dismissed for default today. As such, the Original Petition has become infructuous. The counsel for the petitioner submitted that an application for restoration of the suit is being filed. The Original Petition is, accordingly, closed with liberty to the petitioner to approach this court again, as and when the suit is restored to file. K.T.SANKARAN, JUDGE cms