IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 WP(C).No. 30022 of 2008(Y) -------------------------- I.A.NO.823/2008 IN OS.154/1993 of SUB COURT, CHERTHALA .................... PETITIONER(S): ------------------------- 1. VIJAYAN, KOLLASSERIL, CHERTHALLA KIZHAKKUM MURI, KOKKOTHAMMANGALA, THANNEERMUKKAM, CHERTHALLA TALUK, ALAPPUZHA. 2. SARASAMMA,W/O. VIJAYAN, -DO- -DO- BY ADV. MR.J.OM PRAKASH RESPONDENT(S): ---------------------------- HARILAL, S/O.RAGHAVAN, HARIVILASATH, CHERTHALA KIZHAKKUM MURI, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER C.N.CHANDRAGUPTHAN, KIZHAKKEDATH, CHERTHALLA P.O. BY ADV. MR.G.GOPAKUMAR (CHERTHALA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30022/2008 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ADDITIONAL WRITTEN STATEMENT OF THE DEFENDANTS IN O.S.NO.154 OF 1993 OF THE SUB COURT, CHERTHALA DTD.14/10/2005. P2: COPY OF THE ORDER IN O.S.NO.154 OF 1993 DTD. 11/04/2008. P3: COPY OF THE JUDGMENT IN WPC.NO.17031/2008 DTD. 9/06/2008. P4: COPY OF THE ADDL.W.S. DD. 10/06/2008 FILED IN O.S.NO.154/1993. P5: COPY OF THE ORDER IN I.A.NO.823 OF 2008 IN O.S.NO.154/1993 DTD. 6/08/2008. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE AMENDED PLAINT. R1(B): COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO. 23512/05 DTD. 5/10/05. R1(C): COPY OF THE ORDER OF THE TRIAL COURT IN I.A.1693/08 DTD. 24/11/08. /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.30022 of 2008 - Y --------------------------------- Dated this the 10th day of September, 2009 J U D G M E N T The writ petition is filed by the defendants in O.S.No.154 of 1993 on the file of the Sub Court, Cherthala. An additional written statement filed by the petitioners/defendants raising some additional contentions was rejected by the court below and challenging its correctness this writ petition was filed. When the writ petition was admitted this Court has passed an interim order for proceedings with the trial directing that the contentions of the petitioners/defendants in their additional written statement would be treated as having been validly raised in the suit. The learned counsel for the petitioners submit that after trial suit has been dismissed. The writ petition has thus become infructuous, and it is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-