IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 AS.No. 97 of 1997(D) -------------------- OS.280/1990 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT: 7th DEFENDANT: ----------- JOSEPH .A CAMOENS ALIAS JERRY CAMOENS, AGED 37 YEARS, JOLLY HOUSE, THANGASSERY, KOLLAM. BY ADV. SRI.V.BHASKARAN PILLAI SMT.S.LEELA RESPONDENTS: 1st RESPONDENT/PLAINTIFF ------------- 1. THE CATHOLIC SYRIAN BANK LTD. QUILON BRANCH, REPRESENTED BY ITS QUILON BRANCH MANAGER, SRI.K.NETHAJI, BANK'S QUARTERS M.C.1002 VADAKKUMBHAGAM WARD, QUILON. 2. AUGUSTINE LAWRENCE, AGED 41 YEARS, FISHERMAN COLONY, PORT, PALLITHOTTAM QUILON. 3. CLEETUS LAWRENCE, AGED 39 YEARS, KADAPPURAM PURAMPOKE, PORT, PALLITHOTTAM, QUILON. 4. CYRIL LAWRENCE, AGED FISHING JOB, RESIDING AT KADAPPURAM PURAMPOKE, PORT, PALLITHOTTAM, QUILON. 5. CARLOSE LAWRENCE, KADAPPURAM PURAMPOKE PORT, PALLITHOTTAM, QUILON. 6. JOY LAWRENCE, KADAPPURAM PURAMPOKE PORT, PALLITHOTTAM QUILON. 7. P.ALEXANDER, AGED 37 YEARS, PUSHPAMANGALAM SASTHAMCOTTA. BY ADV. SRI.V.O.JOHN THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.PADMANABHAN NAIR, J. ------------------------------- A.S.No.97 of 1997 ------------------------------- Dated this the 21st January, 2008. J U D G M E N T When the appeal came up for hearing, the learned counsel appearing for the appellant submits that the appeal is filed by a guarantor of a loan against the decree and judgment passed by the Sub Court, Kollam, in a suit filed by the Bank for recovery of the loan advanced by them. The decree and judgment was passed on 28.2.1995. It is submitted that subsequent to the decree and judgment, the entire loan transaction was closed, and hence, this appeal has become infructuous. Accordingly, this appeal is dismissed as infructuous. Since the appeal is dismissed as infructuous, without going into any merits, the balance court fee need not be paid. K.PADMANABHAN NAIR, JUDGE nj. K.PADMANABHAN NAIR, J. ------------------------------- A.S.No.97 of 1997 J U D G M E N T Dated:21st January, 2008. -------------------------------