IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 CRP.No. 166 of 2009() --------------------- OS.224/2001 of ADL.SUB COURT, THALASSERY .................... REVN. PETITIONER(S): REVIEW PETITIONERS/DEFENDANTS -------------------------------------------------- 1. VELIKKAKATH ASSU, S/O.KUNHAMI, AGED 70 YEARS, NO OCCUPATION, VELIKKAKATH HOUSE, JUBILEE ROAD, THIRUVANGAD AMSOM DESOM, THALASSERY TALUK. 2. VELIKKAKATH KACHU, D/O.KUNHAMI, AGED 67 YEARS, NO OCCUPATION, VELIKKAKATH HOUSE, JUBILEE ROAD, THIRUVANGAD AMSOM DESOM, THALASSERY TALUK. 3. V.K.MAMMOOTTY, S/O.AASYA, AGED 57 YEARS, NO OCCUPATION, VELIKKAKATH HOUSE, JUBILEE ROAD, THIRUVANGAD AMSOM DESOM, THALASSERY TALUK. 4. VELIKKAKATH PATHOOTTY, D/O.SAINA, AGED 58 YEARS, NO OCCUPATION, VELIKKAKATH HOUSE, JUBILEE ROAD, THIRUVANGAD AMSOM DESOM, THALASSERY TALUK. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): PLAINTIFFS & DEFENDANTS -------------------------------------- 1. PARIYAT SUHARA, D/O.MAMOO, AGED 59 YEARS, NO OCCUPATION, R/AT. 'LULUS', P.O.MNATTAM ROAD, KUZHAPPILANGAD, KANNUR TALUK. 2. P.V.AYISHA, D/O.ABBOBACKER, AGED 49 YEARS, NO OCCUPATION, R/AT. 'DAR-UL NABEEL', COURT ROAD, CHETTAMCOON, THALASSERY. 3. P.V.SUHARA, D/O.ABOOBACKER, AGED 42 YEARS, NO OCCUPATION, R/AT. 'RAFAHATH MANZIL', GOPAL PETTA, THALASSERY-2. 4. P.V.RASIA, D/O.ABOOBACKER, AGED 37 YEARS, NO OCCUPATION, R/AT.'DELPHINUSOME', GOPAL PETTA, THALASSERY-2. 5. FATHIMA, W/O.PARIYAT MAHAMOOD, AGED 65 YEARS, NO OCCUPATION, R/AT. 'NASARINAS', NEAR REST HOUSE, THALASSERY AMSOM DESOM, KODUVALLY, P.O.THALASSERY. 6. FILSHAD, S/O.PARIYAT MAHAMOOD, AGED ABOUT 43 YEARS, NO OCCUPATION, R/AT. 'NASARINAS', NEAR REST HOUSE, THALASSERY AMSOM DESOM, KODUVALLY, P.O.THALASSERY. 7. NASRIYA, D/O.PARIYAT MAHAMOD, AGED ABOUT 33 YEARS, NO OCCUPATION, R/AT. 'NASARINAS', NEAR REST HOUSE, THALASSERY AMSOM DESOM, KODUVALLY, P.O.THALASSERY. 8. JAMEELA K.,W/O.V.K.ALI,AGED 48 YEARS, NOUSHAD HOUSE, PULIKOOL, P.O.PARAL, THALASSERY. 9. JASEELA,D/O.V.K.ALI,AGED 28YEARS, NOUSHAD HOUSE, PULIKOOL, P.O.PARAL, THALASSERY. 10. NABEESA, D/O.V.K.ALI, AGED 22 YEARS, NOUSHAD HOUSE, PULIKOOL, P.O.PARAL, THALASSERY. 11. NOUSHAD, S/O.V.K.ALI, AGED 21 YEARS, NOUSHAD HOUSE, PULIKOOL, P.O.PARAL, THALASSERY. ADV. SRI.C.KHALID FOR R1,5,6&7 SRI.T.P.SAJID FOR R1,5,6 & 7 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------- C.R.P.No.166 of 2009() ------------------------- Dated this the 8th day of April, 2010 O R D E R Learned counsel for the revision petitioner seeks permission to withdraw the revision without prejudice to challenge the preliminary decree passed in the suit by way of an appeal as provided by law. The learned counsel also sought for granting of exemption of the period during which the review petition was prosecuted before the court below, and also the order passed thereof in the present revision, invoking Section 14 of the Limitation Act. It is for the court before which the appeal, if any, presented, that has to consider the entitlement of the revision petitioner to claim the exemption covered by Section 14 of the Limitation Act. Still I hold that there is nothing to indicate that the petitioner was not bonafide prosecuting the review petition and also the challenge against the orders passed in such petition before this court in the present revision. With the observations as made above, the revision is dismissed as withdrawn. Hand over a copy of the order to the counsel. Sd/- S.S.SATHEESACHANDRAN JUDGE //TRUE COPY// vdv P.A TO JUDGE