IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 34763 of 2007(L) -------------------------- OS.417/2006 of PRL.M.C., KOLLAM OS.834/2005 of ADDL.MUNSIFF COURT, KOLLAM .................... PETITIONER: --------------------- ANITHA W/O.ASOK DEVADAS, BHADRAKALIMADOM, PUNUKKANNOORCHERRY ELAMBALLUR VILLAGE, KOLLAM TALUK. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT: ----------------------- BEENA,D/O.THANKAPPAN, ARYA BUILDING, PUNKKANNOORCHERRY, ELAMBALLUR VILLAGE, KOLLAM TALUK, FROM " THIRUVATHIRA" PUNUKKANNOOR, PERUMPUZHA P.O. KOLLAM. BY ADV. SRI.K.S.MANU (PUNUKKONNOOR) - R.1 SRI.P.SREEKUMAR - R.1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34763/2007 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT O.S.NO.834 OF 2005 FILED BEFORE THE ADDL.MUNSIFF'S COURT, KOLLAM BY THE PETITIONER. EXT.P2: COPY OF THE ORDER PASSED BY THE ADDL.MUNSIFF'S COURT, KOLLAM APPOINTING ADVOCATE DAVID AS COMMISSIONER DTD. 18/03/2006. EXT.P3: COPY OF THE INTERIM REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER BEFORE THE ADDL.MUNSIFF'S COURT, KOLLAM DTD. 11/04/2006. EXT.P4: COPY OF THE ORDER PASSED BY THE ADDL.MUNSIFF'S COURT, KOLLAM ON 12/04/2006. EXT.P6: COPY OF THE COMMISSION REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER BEFORE THE ADDL.MUNSIFF'S COURT, KOLLAM DTD. 26/05/2006. EXT.P7: COPY OF I.A.NO.1967/2006 FILED BY THE PRESENT COUNSEL OF THE PETITIONER BEFORE THE ADDL.MUNSIFF'S COURT, KOLLAM DTD. 25/05/2006. EXT.P8: COPY OF THE APPLICATION FOR IMPLEADING THE HUSBAND OF THE RESPONDENT HEREIN AS ADDITIONAL DEFENDANT DTD. 27/05/2006. EXT.P9: COPY OF THE ORDER DTD. 6/06/2007 PASSED BY THE ADDL. MUNSIFF'S COURT, KOLLAM IN I.A.NO.1987/06. EXT.P10: COPY OF THE JUDGMENT DTD. 15/06/2006 IN WP(C)18514/07 PASSED BY THIS HON'BLE COURT. EXT.P11: COPY OF THE ORDER DTD. 20/07/2007 IN I.A.NO.1967/06 PASSED BY THE ADDL.MUNSIFF'S COURT, KOLLAM. EXT.P12: COPY OF THE I.A.3452/2007 DTD. 31/07/2007 FILED BY THE PETITIONER. EXT.P13: COPY OF THE ORDER DTD. 27/09/2007 IN I.A.NO.3452 OF 2007 PASSED BY THE TRIAL COURT. EXT.P14: COPY OF THE ORDER DTD. 06/10/207 IN I.A.NO.4302 OF 2006 PASSED BY THE TRIAL COURT. EXT.P15: COPY OF THE ORDER DTD. 06/10/207 IN I.A.NO.3452 OF 2006 PASSED BY THE TRIAL COURT. /TRUE COPY/ Kss P.S.TO JUDGE M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 34763 OF 2007 =========================== Dated this the 11th day of June, 2008 JUDGMENT Learned counsel appearing for petitioner submitted that in view of the development in the case eventhough Ext.P2 order is illegal, petitioner may be permitted to withdraw the suit with liberty to file a fresh suit and the Writ Petition may be disposed of. There is force in the submission of the learned counsel appearing for petitioner that Ext.P2 order should not have been passed without considering the contentions in the petition when the order does not show that, that order was passed pursuant to a consent by the parties. But in view of the subsequent orders passed, I feel that petitioner shall be permitted to withdraw the suit with liberty to file a comprehensive suit. Writ Petition is dismissed granting liberty to the petitioner to file a petition before the learned Munsiff to withdraw the suit with liberty W.P.(C) 34763/2007 2 to file a fresh suit. If such a petition is filed, learned Munsiff shall permit petitioner to withdraw the suit with liberty to file a fresh suit. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006