2026 Supreme(Online)(Ker) 33434
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, Basant Balaji, JJ
Kerala Public Service Commission – Appellant
Versus
Renjith K. – Respondent
WA NO. 664 OF 2019
Important Points
An appellate court will dismiss an appeal as infructuous when the main writ petition, from which the interim order was challenged, has already been disposed of by the original court.
Subject
Civil Law - Appellate Procedure
Headnote
The proceedings concern a Writ Appeal filed against an interim order in a writ petition. Upon representation by the Standing Counsel that the underlying writ petition was already disposed of, the appellants sought to withdraw the appeal. The issue for consideration was whether the appeal survived or was necessitated in light of the disposal of the original writ petition. The court reasoned that in view of the submission that the main petition was adjudicated, the appeal became infructuous and was not pressed by the appellants. The appeal is dismissed, without entering into the merits of any of the rival contentions.
Advocates:
For the Appellants/Petitioners: P.C.Sasidharan
JUDGMENT
Sri.P.C.Sasidharan – the learned Standing Counsel for the appellants submitted that this appeal is not being pressed, because, subsequent to the interim order impugned, the original petition itself has been disposed of.
In the afore circumstances this appeal is dismissed, without entering into the merits of any of the rival contentions.