IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 CRP.No. 976 of 2007() --------------------- AGAINST THE ORDER DATED 08/02/2007 IN IA.714/2005 IN AS.99/2005 of II ADDL. DISTRICT COURT, TRIVANDRUM .................... REVN. PETITIONER(S): PETITIONER-APPELLANT/IST DEFENDANT -------------------------------------------------------------------------------------- M.RAJAGOPAL, S/O.C.NARAYANAN VAIDYAR, NARAYANA SADANAM, KANJIRAMPARA, THIRUVANANTHAPURAM - 695 030. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): RESPONDENTS ------------------------------------------------ 1. HINDUSTAN NEWS PRINTS LTD., REPRESENTED BY THE COMPANY SECRETARY, NEWS PRINTS NAGAR P.O., KOLLAM DISTRICT-686 616 2. M.C.GEORGE, S/O.JOSEPH CHACKO, T.C.3/527, GANDHI NAGAR, MUTTADA, THIRUVANANTHAPURAM. ADV. SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE FOR R1 SRI.E.K.MADHAVAN FOR R1 SRI.P.V.LOHITHAKSHAN FOR R1 SMT.P.VIJAYAMMA FOR R1 SRI.V.KRISHNA MENON FOR R1 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- C.R.P.No.976 of 2007 D ---------------------------------- Dated this the 28th day of January, 2011 JUDGMENT Learned counsel for the petitioner submitted that a Second Appeal is the proper remedy for the petitioner. It is submitted that the revision was filed in the light of the decision of the Supreme Court stating that a revision could be maintained against the order dismissing the application for condonation of delay in filing the appeal. In view of the legal position available as of now, the counsel submits that a Second Appeal is proper. Therefore, the petitioner seeks permission to withdraw the revision without prejudice to his right to file a Second Appeal. Permission is granted. The Civil Revision Petition is dismissed as withdrawn with the aforesaid liberty. The certified copy of the order in I.A.No.714 of 2005 will be returned to the petitioner after substituting a photostat copy of the same in the file in C.R.P. K.T.SANKARAN JUDGE csl