IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 15108 of 2010(O) -------------------------- OS.53/2008 of PRINCIPAL SUB COURT,KOCHI .................... PETITIONERS: --------------- 1. SEBASTIAN, S/O.MANI, KADAMBANAMVILAYIL H.NO.CC NO.15/1279, MOOLAMKUZHY MURIYIL, RAMESWARAM VILLAGE, REPRESENTED BY POWER HOLDER ROSILY, AGED 40, KADAMBANAMVILAYIL HOUSE H.NO.CC 15/1279 MOOLANKUZHY MURIYIL, RAMESWARAM, KOCHI TALUK. 2. ROSILY, W/O.SEBASTIAN,KADAMBANAMVILAYIL HOUSE H.NO.CC 15/1279 MOOLANKUZHY MURIYIL, RAMESWARAM, KOCHI TALUK. BY ADV. SRI.P.T.JOSE RESPONDENTS: --------------- 1. ASHA GOVINDARAJ, D/O.GOVINDARAJ H.NO.9/861 SRINIKETHAN, NEAR TODDY SHOP PANDIKUDI, KOCHI 682002. 2. JAYALAKSHMI, D/O.GOVINDARAJ H.NO.9/861 SRINIKETHAN, NEAR TODDY SHOP PANDIKUDI, KOCHI 682002. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.15108 of 2010 --------------------------------------- Dated this 18th day of May, 2010 JUDGMENT Learned counsel for petitioner submits that notwithstanding the contentions urged in this writ petition against the condition imposed by the learned Sub Judge, Kochi while ordering setting aside the ex parte decree, petitioners moved an application in the court of learned Sub Judge for extension of time for deposit of the amount and hence, petitioner only seeks an extension of time for deposit in this petition. That is a request which the petitioner can make in the court concerned, if circumstances warranted that. 2. At this stage learned counsel for petitioner sought permission to withdraw the writ petition without prejudice to the right of petitioners to make such a request before the learned Sub Judge. Having regard to the circumstances stated, permission is granted and writ petition is dismissed as withdrawn without prejudice to the right of petitioner to seek extension of time before the learned Sub Judge if circumstances warranted such a course. The petition is dismissed as withdrawn as above. (THOMAS P JOSEPH, JUDGE) Sbna/-