IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 CRP.No. 950 of 2007() -------------------- IA.1667/2005 IN OS.912/2000 OF ADDITIONAL MUNSIFF COURT, CHERTHALA ................... PETITIONER / PETITIONER IN I.A / 7TH DEFENDANT IN SUIT: ----------------------------------------------------------------------------------------- R.RADHAKRISHNA PAI, S/O.LATE RAYA PAI, RESIDING AT VALIYA VEETTIL, THIRUMALA BHAGAM, PADINJATTUMKARA VADAKKUM MURI, KUTHIATHODU VILLAGE, ALAPPUZHA DISTRICT. BY ADVS. SRI. SUNIL JACOB JOSE SRI. J. OMPRAKASH SMT.K.N.VIGY RESPONDENTS / RESPONDENTS IN I.A. / PLAINTIFFS IN SUIT: ----------------------------------------------------------------------------------------- 1. SUMITHRABAI, W/O.LATE NARAYANA PAI, "SUNDAR NIVIZIL", SEA VIEW WARD, ALAPPUZHA DISTRICT. 2. JYOTHI, S/O.M.RAJIV KUMAR, S/O.LATE NARAYANA PAI, "SUNDAR NIVIZIL", SEA VIEW WARD, ALAPPUZHA DISTRICT. 3. T.N.CHANDINI, D/O.LATE NARAYANA PAI, "SUNDAR NIVIZIL", SEA VIEW WARD, ALAPPUZHA DISTRICT. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOMAS P JOSEPH, J. ---------------------------------------- C.R.P.No.950 of 2007 --------------------------------------- Dated this 13th day of July, 2011 ORDER There was an ex parte decree against petitioner in O.S.No.912 of 2000 of the Court of learned Additional Munsiff, Cherthala. Petitioner filed application to set aside that ex parte decree and another application (I.A.No.1667 of 2005) to condone the delay in filing that application. I.A.No.1667 of 2005 was dismissed. That order is under challenge in this civil revision. Learned counsel submits that order dismissing the application to set aside the ex parte decree has not so far been challenged. In the circumstance, learned counsel has requested permission to withdraw this revision petition without prejudice to the right to petitioner to challenge dismissal of the application to set aside the ex parte decree in appeal and canvas correctness of dismissal of I.A.No.1667 of 2005 in such appeal. Having heard learned counsel, I am inclined to allow the request. Resultantly this civil revision is dismissed as withdrawn without prejudice to the right of petitioner to challenge the order dismissing the application to set aside the ex parte decree (in O.S.No.912 of 2000 of the Court of learned Additional Munsiff, C.R.P.No.950 of 2007 -: 2 :- Cherthala) subject to the law of limitation and the power of the Court concerned to condone/exclude the delay as the case may be and in such appeal challenge correctness of the order dismissing I.A.No.1667 of 2005. (THOMAS P JOSEPH, JUDGE) Sbna/-