IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 OP(C).No. 3255 of 2011(O) ------------------------- O.S.NO.376/2003 OF MUNSIFF COURT, PERUMBAVOOR -------------- PETITIONER(S): -------------------- P.S.MANI, AGED 58, S/O.SANKARAN, PANATTU HOUSE, AIMURY KARA, KOOVAPPADY VILLAGE, KUNNATHUNADU TALUK. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM. RESPONDENT(S): --------------- GANGADHARAN,AGED 59, S/O.VELAYUDHAN, MADAPPURAM HOUSE,AIMURY KARA, KOOVAPPADY VILLAGE PIN - 683 544. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3255 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS :- EXHIBIT P1. TRUE COPY OF OF ORDER IN I.A 1292/04 IN O.S 376/03 DATED 18.7.06 OF MUNSIFF'S COURT, PERUMBAVOOR. EXHIBIT P2. TRUE COPY OF THE ORDER IN C.M.A 9/08 DATED 20.06.2008 OF SUB COURT, PERUMBAVOOR. EXHIBIT P3. TRUE COPY OF JUDGMENT IN W.P.(C) 11974/09 DATED 13.9.2010. EXHIBIT P4. TRUE COPY OF MEMO FILED BY PETITIONER BEFORE THE LOWER COURT ON 2.11.2010. EXHIBIT P5. TRUE COPY OF I.A 16857/2010 IN W.P(C) 11974/09 FILED BY THE PETITIONER ON 29.11.2010. EXHIBIT P6. TRUE COPY OF ORDER PASSED BY MUNSIFF'S COURT, PERUMBAVOOR IN O.S 376/03 ON 29.9.2011. RESPONDENTS' EXHIBITS : NIL. //TRUE COPY// P.A TO JUDGE amk. THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3255 of 2011 -------------------------------------- Dated this the 12th day of October, 2011. JUDGMENT This Original Petition is filed by the defendant in O.S.No.376 of 2008 of the court of learned Munsiff, Perumbavoor requesting for a direction to keep Ext.P6, order in abeyance until Ext.P5, application is disposed of by the court which passed Ext.P3, judgment. 2. Learned counsel submits that Ext.P5, application is posted before the Bench concerned and it is coming up for hearing this day. 3. Since it is open to the petitioner to seek appropriate relief in Ext.P5, application it is not necessary to pursue this Original Petition. 4. Learned counsel submits that without prejudice to the right of petitioner to pursue Ext.P5, application this Original Petition may be dismissed as withdrawn. 5. Having regard to the request, I am inclined to allow it. Resultantly this Original Petition is dismissed as withdrawn without prejudice to the right of petitioner to pursue Ext.P5, application. THOMAS P.JOSEPH, Judge. cks