IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 RFA.No. 113 of 2010() --------------------- OS.128/2002 of SUB COURT, PATHANAMTHITTA .................... APPELLANT/DEFENDANT --------------------------------------- SIVARAMAN NAIR, AGED 65 YEARS, S/O.VELU PILLAI, MULLAPLACKAL HOUSE, THUPAMON NADUVILA MURI, PANDALAM THEKKAKARA VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.A.CHACKO SRI.SANTHOSH P.ABRAHAM SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): PLAINTIFF ------------------------ LEKSHMIKUTTY AMMA, AGED 52 YEARS, W/O.BALAKRISHNAN, THUPAMON NADUVILA MURI, PANDALAM THEKKAKARA VILLAGE, PATHANAMTHITTA DISTRICT. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- C.M.Appl.302 OF 2010 & R.F.A.No.113 OF 2010 ------------------------------------------- Dated this the 20th day of May, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner in the C.M.Application is the defendant in a suit for partition. He seeks to condone the delay in instituting the appeal against the final decree. Admittedly, the final decree was passed ex parte. Obviously therefore, learned counsel for the appellant is right in stating that his client may not be precluded from the opportunity to seek setting aside of that ex parte decree. He, accordingly, seeks leave to withdraw this appeal preserving liberty to move an application to set aside the ex parte decree. Leave granted and the C.M.Application and the appeal are dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.21/05.