IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 3732 of 2009(T) AS.73/2000 OF DISTRICT COURT, KOTTAYAM PETITIONERS: --------------- 1. SAINUDEEN RAWTHER RAMLA BEEVI, KALLOOTHEKKETHIL, VAZHOOR VILLAGE. 2. SAINUDEEN RAWTHER NAZEERUDEEN, KALLOOTHEKKETHIL, VAZHOOR VILLAGE. BY ADV. SRI.T.I.ABDUL SALAM RESPONDENTS: --------------- 1. HASSAN RAWTHER SARA BEEVI, MUSLIM, AGED 76, W/O.LATE HASSAN RAWTHER, KALLOOTHEKKETHIL, VAZHOOR MURI, VAZHOOR VILLAGE. 2. HASSAN RAWTHER LAILA BEEVI, MUSLIM, AGED 59, D/O. LATE HASSAN RAWTHER, DO.... DO... DO... 3. HASSAN RAWTHER RAMLA BEEVI, MUSLIM, AGED 55, D/O. LATE HASSAN RAWTHER, DO... DO... DO... 4. HASSAN RAWTHER SALIM, MUSLIM, AGED 53, S/O. LATE HASSAN RAWTHER, DO... DO... DO... 5. HASSAN RAWTHER ABDUL RAZAK, MUSLIM, AGED 49, S/O. LATE HASSAN RAWTHER, DO... DO... DO... 6. HASSAN RAWTHER ABDUL RASHEED, MUSLIM, AGED 48, S/O. LATE HASSAN RAWTHER, DO... DO... DO... 7. HASSAN RAWTHER JAMILA BEEVI, MUSLIM, AGED 39, D/O. LATE HASSAN RAWTHER, DO... DO... DO... 8. MUHAMMEDKUTTY RAWTHER SARA BEEVI, MUSLIM, AGED 73, ZEENATHU MANZIL, CHAMAMPATHAL KARA, VAZHOOR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3732 OF 2009 T ------------------------------------------------------ Dated this the 16th February, 2009 JUDGMENT The petitioners say that they are respondents 32 and 33 in A.S.No.73 of 2000, on the file of the District Court, Kottayam. The relief prayed for in the Writ Petition is to issue a direction to the learned District Judge to dispose of A.S.No.73 of 2000 expeditiously. 2. A report was called for from the District Court, Kottayam. Registry was informed over phone that A.S.No.73 of 2000, on the file of the District Court, Kottayam is a different case and that, on further verification, it is seen that the appeal filed by the parties in the Writ Petition is A.S.No.73 of 2000 on the file of the Principal Sub Court, Kottayam. It was also informed that A.S.No.73 of 2000, on the file of the Principal Sub court, Kottayam was dismissed for default on 10.2.2009. In view of the dismissal of the appeal, the Writ Petition has become infructuous. W.P.(C) NO. 3732 OF 2009 T :: 2 :: Accordingly, the Writ Petition is dismissed as infructuous. However, dismissal of the Writ Petition would not preclude the petitioners from approaching this Court again, in case the appeal is restored. (K.T.SANKARAN) Judge ahz/