IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 OP(C).No. 15 of 2010(O) ----------------------- IA NO.740/2009 IN OS.259/2007 of PRINCIPAL SUB COURT,THIRUVANANTHAPURAM .................... PETITIONER/DEFENDANT: ----------------------------------------- GIRIJA KUMARI, D/O.BHARGAVI AMMA, RAJAGIRI, HOUSE NO.C-15/4, MYTREE NAGAR, VALIYAVILA, THIRUMALA P.O., THIRUVANANTHAPURAM. RESIDING AT FLAT NO.202, RVK GALAZY, EAST NADA, GURUVAYOOR P.O., THRISSUR DISTRICT. BY ADV. SRI.BIJU BALAKRISHNAN SRI.NELLIMOODU UDAYAKUMAR SRI.V.K.AMBILI RESPONDENT(S): COUNTER PETITIONER/PLAINTIFF: -------------------------------------------- SINDHU, D/O.SOMAN ASARI, T.C.52/609(1), KARAMKUZHYTHEKKE VEEDU, POOZHIKUNNU ESTATE P.O., PAPPANAMCODE, THIRUVANANTHAPURAM - 695001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.15 of 2010 -------------------------------------- Dated this the 11th day of October, 2010. JUDGMENT Learned counsel for petitioner states that the impugned order provided that on failure to deposit security as ordered the application would automatically stand dismissed and accordingly petitioner has challenged dismissal of the application in F.A.O.No.307 of 2010 and that on that appeal notice has already been ordered to the respondent. It is submitted that in the above circumstances without prejudice to the right of petitioner to challenge the impugned order in that appeal this petition is not pressed. 2. Submission is recorded. With liberty to the petitioner to challenge the impugned order otherwise as provided under law this petition is closed. THOMAS P.JOSEPH, Judge. cks