IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 OP(C).No. 1025 of 2010(O) I.A.NO.599 OF 2010 IN O.S.NO.74/2000, MUNSIFF'S COURT, MANNARKKAD. PETITIONER: PETITIONER: POWER OF ATTORNEY OF THE PLAINTIFF: MOIDU @ NANI, S/O. KUNHIPPA, KARAKULAVAN KOTTOPADAM, KANDAMANGALAM P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU M.P. RESPONDENTS: RESPONDENTS: DEFENDANTS: 1. MUHAMMED @ BAPU, S/O. KUNHAYAMMU, KOTTOPADAM, KANDAMANGALAM P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT - 678583. 2. ABOOBAKKAR, S/O.MUHAMMED @ BAPU, KOTTOPADAM, KANDAMANGALAM P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT - 678583. 3. HAMZA, S/O.MUHAMMED @ BAPU, KOTTOPADAM, KANDAMANGALAM P.O.,MANNARKKAD TALUK, PALAKKAD DISTRICT 678583. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1025 OF 2010 O ------------------------------------------------------ Dated this the 21st day of January, 2011 JUDGMENT Learned counsel for the petitioner submitted that the suit filed by the petitioner was dismissed for default. The Original Petition is filed challenging an order dismissing an application to remit the Commissioner's report. It is also submitted that an application for restoration of the suit is pending. 2. Since the suit was dismissed for default, I am of the view that this Original Petition can be closed with liberty to the petitioner to file a memo to revive the Original Petition, in case the suit is restored to file. Accordingly, the Original Petition is closed. If the suit is restored, the petitioner would be entitled to file a memo in this Original Petition, in which case, the Original Petition will revive and it will be posted for admission. (K.T.SANKARAN) Judge ahz/