IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 OP(C).No. 3667 of 2011(O) ----------------------- IA.984/2011 IN OS.190/2010 OF MUNSIFF COURT, THODUPUZHA ................ PETITIONER : -------------------- 1. MOHAMMED, S/O.IBRAHIM, KARIMATTATH, PUTHUCHIRA, KUMARAMANGALAM VILLAGE, THODUPUZHA. 2. SAINABA,W/O.MOHAMMED, KARIMATTATH, PUTHUCHIRA, KUMARAMANGALAM VILLAGE, THODUPUZHA BY ADVS. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT : ---------------------- M.RAJU, OLICKAL, PERUMBILLYCHIRA, KUMARAMANGALAM, THODUPUZHA, PIN 685 584 BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3667 of 2011 --------------------------------------- Dated this 11th day of November, 2011 JUDGMENT Plaintiff in O.S.No.190 of 2010 of the Court of learned Munsiff, Thodupuzha challenges Ext.P6, order dated 30.09.2011 on I.A.No.984 of 2011 for appointment of a survey commission in a suit for injunction filed by petitioner. 2. After arguing the matter for some time learned counsel for petitioner sought permission to withdraw this original petition without prejudice to the right of petitioner to prefer objection to the report and plan which the Advocate Commissioner submits and to take up other contentions if necessary before the learned Munsiff as provided under law. I am inclined to grant permission. Resultantly this original petition is dismissed as withdrawn without prejudice to the right if any of petitioner to prefer objection to the report and plan which the Commissioner submits and to take up other contentions before the learned Munsiff as provided under law and as is pleaded before learned Munsiff. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-