IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 19TH JULY 2007 / 28TH ASHADHA 1929 RP.No. 656 of 2007(C) --------------------- (AGAINST THE JUDGMENT DATED 31.05.07 IN WP(C) NO.32571 OF 2005) PETITIONER : -------------- P.A.ASHRAFF,AGED 51 YEARS, S/O.ABDU,PUZHANKARALLATHU HOUSE, P.O MATHILAKOM. BY ADV. SRI.K.RONALD JOSE SRI.V.P.MOHAMMED NIYAS RESPONDENT: --------------- MANOHARAN,S/O.KUMARAN,MADATHINKAL HOUSE, THEKKUMKARA VILLAGE,MUKUNDAPURAM TALUK. BY ADV. SRI.K.G.BALASUBRAMANIAN THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- R.P. No.656 OF 2007 IN W.P.(C) No. 32571 OF 2005 ----------------------------------- Dated this the 19th day of July, 2007 O R D E R The review petition will stand allowed to the extent of observing that it will be open to the petitioner to seek restoration of EA No.139 of 2004 which was dismissed virtually for default under Ext.P4. The time during which this Writ Petition was pending before this Court i.e. the period from 17.11.05 till 01.08.07 will be excluded by the execution court for the purpose of Section 14 of the Limitation Act from the reckoning. PIUS C. KURIAKOSE, JUDGE btt WPC 2