IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 CRP.NO. 399 OF 2011() ---------------------------------- OS.173/2011 OF MUNI-MAGI.COURT,THODUPUZHA .................... REVN. PETITIONER(S): PETITIONERS/DEFENDANTS -------------------------------------------------------------------------- 1. SISTER PHILOMENA D., AGED 59 YEARS, D/O. THE LATE DEVASIA, RESIDING AT DOOR NO.59/11, KALIYAR P.O., VANNAPPURAM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT-685 607, THE MOTHER SUPERIOR, ARADHANA MADOM, KALIYAR KARA, VANNAPPURAM VILLAGE, KALIYAR P.O., THODUPUZHA. 2. PRINCIPAL, JAIRANI PUBLIC SCHOOL, KALIYAR P.O., VANNAPPURAM VILLAGE, THODUPUZHA. BY ADV. SRI.C.S.MANU RESPONDENT(S): RESPONDENT/PLAINTIFF ---------------------------------------------------------------- MOIDU, S/O. MUHAMMED, AGED 53 YEARS, KUNIYIL HOUSE, KALIYAR KARA, VANNAPPURAM VILLAGE. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== C.R.P. No.399 of 2011 ==================================== Dated this the 05th day of September, 2011 O R D E R This petition is in challenge of the order dated 25.08.2011 passed by the learned Munsiff, Thodupuzha dismissing I.A. No.1048 of 2011 in O.S. No.173 of 2011. Request of petitioners was to reject the plaint under Order VII, Rule 11(a) and (d) read with Section 151 of the Code of Civil Procedure (for short, “the Code”). Learned counsel submitted that though under challenge in appeal, the same dispute was involved in O.S. No.255 of 2008 filed by the wife of the respondent in the same court. When the matter came up for hearing, learned counsel for petitioners sought permission to withdraw this petition without prejudice to the right (if any) of petitioners file application for stay under Sec.10 the Code. 2. Having heard learned counsel, I am inclined to grant permission sought for. Hence, without prejudice to that right, if any of petitioners to move appropriate application for stay as requested by petitioners, this Revision Petition is dismissed as withdrawn. THOMAS P. JOSEPH, JUDGE. vsv