IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 OP(C).No. 3118 of 2011(O) ------------------------- PETITIONER/DEFENDANTS ----------------------------------------- 1. HALEEMA BEEVI, W/O.LATE ABDUL AZIZ, AGED 70 YEARS, RESIDING AT PARAMBIL HOUSE, LABBAKKADA KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK. 2. MANSHAD, S/O.LATE ABDUL AZIZ, AGED 36 YEARS, RESIDING AT PARAMBIL HOUSE, LABBAKKADA KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.C.K.PAVITHRAN RESPONDENT(S)/PLAINTIFFS ------------------------------------------ 1. SOBIN JOSEPH, S/O.JOSEPH, AGED 28 YEARS, RESIDING AT VARICKANICKAL HOUSE, LABBAKKADA KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TAUK, 2. THOMAS JOSEPH @ BABY, S/O.JOSEPH, AGED 49 YEARS, RESIDING AT ELIPPULLIKKATTU HOUSE, LABBAKKADA KARA, AYYAPPANCOIL VILLAGE, UDUMBANCHOLA TAUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vk THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.3118 of 2011 --------------------------------------- Dated this 30th day of September, 2011 JUDGMENT Challenge in this original petition is to Exts.P3 and P14, orders. Respondents filed the suit against petitioners for a decree for prohibitory injunction alleging violation of the Building Rules. A suit was brought under Sec.91 of the Code of Civil Procedure. Learned Munsiff granted leave to the respondents by Ext.P3, order. By Ext.P14, order an Advocate Commissioner was appointed to inspect the building with reference to the allegation of violation of Building Rules. 2. When this original petition came up for hearing, learned counsel for petitioner submitted that the challenge to Ext.P3, order is not being pursued but requested that reserving liberty to the petitioners to challenge Ext.P14, order if found necessary at a later stage, this original petition may be allowed to be withdrawn. 3. Having heard learned counsel, I am inclined to allow the request. O.P(C).No.3118 of 2011 -: 2 :- Resultantly this original petition is dismissed as withdrawn without prejudice to the right, if any of petitioners to challenge Ext.P14, order if circumstances warranted, at a later stage and if petitioners are otherwise entitled to do so. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-