K.T.Sankaran, J.
The Memorandum of First Appeal is filed by the plaintiff in O.S.No.592 of 2004 on the file of the Sub Court, Ernakulam challenging the order in I.A.Nos.1315 and 4941 of 2005 by which the court below vacated the order of attachment. The FAO was filed on 23.12.2005. The appeal was moved on the same day. There was caveat filed by the respondents. The Court directed notice to be given to the caveator and the appellant was given permission to move the appeal during Christmas holidays in 2005. Thereafter, nothing was done by the appellant. When the appeal came up for hearing on 18.11.2014, we directed the Registry to verify whether the suit is pending. It was reported that the suit was disposed of on 21.5.2008. The learned counsel for the appellant again sought time to verify as to whether the suit was decreed or dismissed. It is now submitted by the learned senior counsel appearing for the appellant that the plaint was rejected due to non-payment of balance court fee.
F.A.O. NO.309 OF 2005 :: 2 ::
As of now, the suit filed by the appellant is not in existence and the status quo as in 2005, at the time when the order impugned was passed, continues. The FAO has, therefore, become infructuous and it is, accordingly, dismissed as infructuous.
(K.T.SANKARAN) Judge (P.D. RAJAN) Judge ahz/