IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14789 of 2009(O) -------------------------- AS.54/2009 of DISTRICT COURT,KOLLAM OS.105/2001 of MUNSIFF COURT, S. PARAVOOR .................... PETITIONER: --------------- SAJEEV, SREERAGAM VEEDU, KOTTAPPURAM, S. PARAVUR P.O., KOLLAM. BY ADV. MR. B.SURESH KUMAR RESPONDENTS: ------------------ 1. DEVAYANI N. MUNDANTHAZHIKAM, KOTTAMOOLA, KOTTAPPURAM, S. PARAVUR P.O., KOLLAM – 691 301. 2. SUJATHA, SANKAR BHAVAN, KOTTAPPURAM, S. PARAVUR P.O., KOLLAM 691 301. 3. SAHADEVAN, SANKAR BHAVAN, KOTTAPPURAM, S. PARAVUR P.O., KOLLAM 691 301. 4. SUGATHAN, MUNDANTHAZHIKAM, KOTTAMOOLA, KOTTAPPURAM, S. PARAVUR P.O., KOLLAM 691 301. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 14789 of 2009 ========================== Dated this the 29th day of May, 2009. JUDGMENT Aggrieved by the counter claim in a suit filed by the petitioner in O.S. No. 105 of 2001 on the file of the Munsiff's Court, S. Paravoor, the petitioner claims to have filed Ext.P2 appeal as A.S. No. 54 of 2009 before the District Court, Kollam. He seeks an expeditious disposal of the said appeal. When the writ petition came up for hearing today, the learned counsel for the petitioner submitted that the decree passed in the counter claim has already been executed by cutting and removing the jack fruit tree in question besides some other trees. If so, Ext.P2 appeal has virtually become infructuous. Leaving the petitioner to work out his remedies, if any, against the cutting and removal of trees, this writ petition is closed. Dated this the 29th day of May, 2009. V. RAMKUMAR, JUDGE. rv