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2026 Supreme(Online)(Ker) 34146

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi, J
Pyari Raja – Appellant
Versus
N. Vijayan – Respondent
OP(C) NO. 257 OF 2026



Advocates:
For the Appellants/Petitioners: A. Rajasimhan, Nikhil A. Azeez, Vykhari K.U
For the Respondents: K. Shaj, Beena N. Kartha, Arun Chand, Bharat Vijay P., Issac Melvin B.O., Alvin Joseph

An original petition challenging interlocutory orders becomes infructuous and is liable to be closed once the underlying suit has been finally disposed of by the trial court.

Headnote:The matter involves a challenge against interlocutory orders dated 16.01.2026 relating to witness scheduling in a civil suit pending before the Munsiff Court, Adoor. The petitioners contended that the trial court's orders prejudiced their ability to present evidence. The central issue was whether the challenge to interlocutory orders remains maintainable after the final disposition of the main suit. The court observed that the underlying suit had already been decreed, rendering the original petition infructuous. The original petition is closed, with the court explicitly stating that the order is passed without prejudice to the contentions of the parties.

Table of Content
1. an original petition challenging interlocutory orders is closed if the main suit is already decreed. (Para 1 , 2)

JUDGMENT

The petitioners have challenged Exts.P6 and P7 orders passed in I.A.No.3 of 2026 and I.A.No.2 of 2026 in O.S.No.268 of 2017. The issue relates to the witness schedule.

2. When the case is taken up today, the counsel for the respondent submitted that the suit itself has been decreed.

In view of the above submission, this original petition is closed without prejudice to the contentions of the petitioners.

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