No representation. It seems that this suit was filed against the judgment and decree dated 30.6.2001 in O.S. No.311 of 1995 of the Subordinate Judge's Court, Attingal whereby an ex-parte decree was passed in favour of the plaintiffs. Defendants 1 and 2 are the appellants herein and the plaintiff and defendants 3 and 4 are the respondents herein. It seems that I.A. No.1054 of 2001 was preferred in O.S. No.311 of 1995 for setting aside the ex-parte decree. The said I.A was dismissed. Challenging the said dismissal, C.M. Application No.80 of 2002 was filed before this Court. Vide judgment dated 29.1.2003, a Division Bench of this court allowed the C.M.A by setting aside the ex-parte decree and judgment dated 30.6.2001. It A.S. No.226 of 2002 2 seems that the said judgment and decree under challenge in A.S.No.226 of 2002, were set aside vide judgment dated 29.1.2003 of the Division Bench of this Court in C.M.A No.80 of 2002. Therefore, this appeal has become infructuous.
In the result, this appeal suit is dismissed as infructuous.
SD/ B.KEMAL PASHA, JUDGE dl // TRUE COPY //