Appeal by a guarantor against a bank's decree and judgment dated 28.2.1995 in a loan recovery suit. Court dismissed the appeal as infructuous on the ground that the entire loan transaction was already closed subsequent to the decree.
Appeal dismissed as infructuous without examining merits. Balance court fee need not be paid.
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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
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.
7th Defendant Joseph .A Camoens Alias Jerry Camoens
2nd Respondent Augustine Lawrence
3rd Respondent Cleetus Lawrence
4th Respondent Cyril Lawrence
5th Respondent Carlose Lawrence
6th Respondent Joy Lawrence
K.Padmanabhan Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
