IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 RPFC.No. 107 of 2011() ---------------------- MC.206/2010 IN O.P.NO.200/2010 AND M.C.NO.206/2010 OF FAMILY COURT, MALAPPURAM. .................... REVISION PETITIONER/RESPONDENT(S): -------------------- VATTAPARAMBIL MAMMIKUTTY,S/O.KUNHAMU, THRIPRANGODU P.O., NAILSSERY, THRIPRANGODU AMSOM, THRIPRANGODU DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.M.RAFIQ SRI.K.HAMZA (MALAPPURAM) RESPONDENT(S)/PETITIONER: --------------- BEEVIKUTTY,D/O.SAIDALIKUTTY, THRIPRANGODU P.O., NALISSERY, THRIPRANGODU AMSOM, THRIPRANGODU DESOM, TIRUR TALUK, MALAPPURAM DISTRICT - 676 101. PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS REV.PETITION(FAMILY COURT) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- R.P.(F.C.)NO.107 OF 2011 ----------------------------------- Dated this the 22nd day of August, 2011 O R D E R The learned counsel for the petitioner submits that the parties have settled the matter and the court below has cancelled the order impugned in the revision accepting the submissions effected. Copy of the order passed by the court below cancelling the order impugned in the revision, is produced with a petition marked as Annexure B. In view of the settlement effected, the revision is not pressed, submits the counsel. However, a request is made that the amount ordered to be deposited as a condition precedent for the grant of interim stay in the application moved in the revision, may be allowed to be withdrawn, is the submission of the revision petitioner. 2. Going through Annexure B order passed by the court below, it is seen that entire amount had been paid to the respondent, by which the order passed in the M.C. was R.P.(F.C.)NO.107/2011 2 cancelled. Prima facie, it appears that the respondent has no claim over the deposit made. However, it may be appropriate for the court below to pass orders on the withdrawal, if notice is issued to the respondent. At this stage, whether the amount paid includes the deposit directed to be made by order of this Court cannot be determined. Reserving the right of the petitioner to move for withdrawal of the amount from the court below and recording the submissions of the counsel, as indicated above, the revision is dismissed as not pressed. S.S.SATHEESACHANDRAN JUDGE prp