Harilal, J This Mat. Appeal is directed against the order dated 14-11-2003 in E.P. No.9/02 in O.S. No.32/96 of the Family Court, Kollam. The appellant filed O.S.No.32/96 before the Family Court, Kollam seeking enhancement of the maintenance granted to her in terms of an earlier decree. The suit was decreed granting maintenance to the appellant @ Rs.400/- per month from 22-7-2000 onwards. The 1st respondent preferred M.F.A No.70/02 against the decree passed by the Family Court.
The 1st respondent had also filed another suit, O.S. No.33/01, before the Family Court, Kollam, seeking for a decree of nullity of the marriage between the appellant and the 1st respondent.
M.F.A. No.70/02 was disposed of by this Court wherein the decree of the Family Court in O.S. No.32/96 passed in favour of the appellant was upheld. However, this Court observed that the said decree is subject to the result of the suit filed by the 1st respondent as O.S. No.33/01. In view of the above observation, M.A.167/04-E :2:
the Family Court has dismissed E.P. No.9/2002 in O.S. No.32/96, which is under challenge in this Mat. Appeal.
2. The learned counsel for the respondents submits that after the passing of the impugned order under challenge, O.S. No.33/01 was heard and dismissed, and challenging the said order, the respondent has preferred Mat. Appeal No.351/06 before this Court. Thereafter, the appellant has filed another E.P. No.10/07 claiming maintenance amount due under O.S. No.32/96 and the said E.P. was dismissed on satisfaction of the full payment due under that E.P. Going by the sequence of events after the dismissal of E.P. No.9/02 in O.S. No.32/96, it could be seen that this Mat. Appeal has become infructuous. Therefore, we find that no purpose will be served by continuing this appeal.
In the result, this Mat. Appeal is dismissed as infructuous.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.