IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 SA.No. 274 of 1998(G) ------------------------------ AS.116/1989 of DISTRICT COURT, KOTTAYAM OS.103/1983 of PRL.SUB COURT,KOTTAYAM .................... APPELLANT(S): APPELLANT/DEFENDANT ----------------------- K.J.JOSEPH, KUZHIYANKALAYIL HOUSE, PERUMBAIKADU P.O., KOTTAYAM 6. BY ADV. MR.T.I.ABDUL SALAM RESPONDENT(S): RESPONDENT/ PLAINTIFF ------------------------- KERALA HEALTH RESEARCH AND WELFARE SOCIETY, SOUMYA, T.C. 15/880, VAZHUTHAKADU, TRIVANDRUM REP.BY ITS MANAGING DIRECTOR, K.SIVASANKARAN NAIR. ADV. MR.BABU JOSEPH KURUVATHAZHA, SC.KHRWS FOR R1 MR.VINOD MADHAVAN FOR R1 MR.ASOK M.CHERIAN,SC,KERALA HEALTH RES FOR R2 THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NOS.815/1999, 484/2001 IN SA. NO.274/1998 Dismissed 30.01.2009 SD/- P.N.RAVINDRAN, JUDGE /TRUE COPY/ P.S. TO JUDGE tss P.N.Ravindran, J. ====================== S.A. No.274 of 1998 ===================== Dated this the 30th day of January, 2009. JUDGMENT Sri.T.I.Abdul Salam, the learned counsel appearing for the appellant submits that after the institution of this Second Appeal which arises from a suit for mandatory injunction filed by the respondent/plaintiff, a fresh agreement was entered into between the appellant and the respondent on 24.7.2003 for a period of five years, that on the expiry of the said period, the respondent issued a notice calling upon the appellant to vacate the premises, that the appellant has thereupon filed O.S.No.463 of 2008 in the Court of the Subordinate Judge of Kottayam seeking the relief of injunction and that in view of the said development this Second Appeal may be dismissed as infructuous without prejudice to the appellant's contentions in O.S.No.463 of 2008 above referred to. In the light of the said submission, this Second Appeal is dismissed as infructuous reserving liberty with the appellant to prosecute O.S.No.463 of 2008 on the file of the Court of the Subordinate Judge of Kottayam. P.N.Ravindran, Judge. ess 2/2