2026 Supreme(Online)(Ker) 31010
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T. R. Ravi, J
Sibi Mathews – Appellant
Versus
K K Joshwa – Respondent
OP(C) NO. 1058 OF 2024
Important Points
An original petition is dismissed when the petitioner acknowledges that the cause of action or the relief sought has become infructuous due to subsequent events.
Subject
Civil Law - Dismissal of Petition
Headnote
The present petition was filed challenging an order passed by the trial court in a civil suit. Before this Court, the counsel representing the petitioner moved to withdraw the petition or stated that the relief sought has become redundant. The issue for consideration was whether the original petition survives for adjudication in light of the subsequent developments in the underlying suit. The Court noted the submission made by the representative for the petitioner that the proceedings have become infructuous. In view of the submission made, the original petition is dismissed as infructuous.
Advocates:
For the Appellants/Petitioners: R. Ranjanie, Meera M., R. Lakshmi Narayan
For the Respondents: Thoufeek Ahamed
JUDGMENT
The counsel for the petitioner submitted that the matter has become infructuous. The original petition is hence dismissed as infructuous.