IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11310 of 2008(U) -------------------------------------- OS.713/2005 OF PRL.MUNSIFF COURT,NEDUMANGAD ............................................... PETITIONER: ------------------ ANIL KUMAR,S/O.LATE SRI.VARIJAKSHAN NAIR LEKSHMI VILASOM VEEDU, VELLANADU VILLAGE, NEDUMANGAD. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: ------------- REMESAN NAIR, S/O. SREEDHARAN NAIR SREEDHARA VILASOM, KOLLODU, PUTHANKAVU, KULATHUMMAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.11310 OF 2008 ===================== Dated this the 2nd day of April 2008 JUDGMENT This writ petition is preferred to set aside Exts.P5 and P6 orders. Ext.P5 is an order whereby the learned Munsiff has permitted withdrawal of suit with liberty to file a fresh suit on same cause of action on payment of Rs.3,500/- and Ext.P6 is a consequential order that on deposit of the cost the suit was dismissed as withdrawn with liberty to file a fresh suit. The main grievance is that the objections raised in Ext.P4 has not been considered at all. It is submitted that the evidence is already over and the suit cannot be permitted to be withdrawn at that stage without complying with the statutory requirements prescribed under Order 23 Rule 1 C.P.C. Therefore the order suffers from serious infirmity. Therefore both the orders are set aside and the learned Munsiff is directed to consider Exts.P3 and P4 afresh after hearing both sides and pass orders detailing the reasons in accordance with law. M.N.KRISHNAN, JUDGE Cdp/- CRPs 1918 & 1919/2003 -:2:-