IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 30592 of 2008(P) OS.518/2006 OF MUNSIFF'S COURT, KARUNAGAPPALLY PETITIONER(S): --------------- BIJU, S/O.CHELLAPPAN, RESIDING AT VELAPPARAMBIL VEEDU, CHANGANKULANGARA, OACHIRA, KARUNAGAPPALLY, KOLLAM.(THE PETITIONER IS REP BY HIS POWER OF ATTORNEY HOLDER VIJAYAN, S/O.GOPALAN,RESIDING AT BIJU MANDIRAM, PEROOR,KARICODE,KOTTARAKKARA,KOLLAM) THE ORIGINAL P/A HAS BEEN PRODUCED IN THE COURT BELOW. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENTS: --------------- 1. CHELLAPPAN, S/O.PAPPU. 2. VIJAYAMMA, W/O.CHALLAPPAN. (DIED) 3. SULA, D/O.VIJAYAMMA. 4. PREETHA,D/O.VIJAYAMMA. ALL ARE RESIDING AT VELANPARAMBIL VEEDU, CHANGANKULANGARA, OACHIRA, KARUNAGAPPALLY, KOLLAM. RESPONDENTS 1, 3 AND 4 ARE RECORDED AS THE LEGAL HEIRS OF DECEASED SECOND RESPONDENT AS PER THE ORDER DATED 16/02/2009 IN MEMO DATED 10.12.2008. R1, R3 AND R4 BY ADV. SRI. K.SIJU SRI.A.MUHAMMED RAFFI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 19.8.2008. EXT.P2 TRUE COPY OF THE APPLICATION PUT IN BY THE COUNSEL DATED 5.7.2008. EXT.P3 TRUE COPY OF THE MEMO PUT IN BY THE COUNSEL DATED 5.7.2008. EXT.P4 TRUE COPY OF THE APPLICATION IN I.A.NO.1362/2008 IN O.S.NO.518/2006 DATED 25.9.2008. EXT.P5 TRUE COPY OF THE ORDER IN I.A.NO.1362/2008 IN O.S.NO. 518/2006 ON THE FILE OF THE COURT OF THE MUNSIFF OF KARUNAGAPPALLY, DATED 25.9.2008. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 30592 OF 2008 P ------------------------------------------------------ Dated this the 16th February, 2009 JUDGMENT The petitioner filed O.S.No.518 of 2006, on the file of the Munsiff's Court, Karunagappally against the respondents. The suit was dismissed as not pressed on 10.7.2008. Stating that the not pressed memo was filed by the counsel appearing for the petitioner without his instructions, a Review Petition was filed by the petitioner. The court below dismissed the Review Petition as per Ext.P5 order dated 25.9.2008, which is under challenge in this Writ Petition. 2. Learned counsel appearing for the petitioner as well as the respondents submitted that the disputes between the parties have been settled and that in order to facilitate filing of the compromise, it is necessary to restore the suit to file. Accordingly, the order dated 10.7.2008, dismissing the suit as not pressed, is set aside. The suit is restored to file to facilitate the parties to file the compromise petition and only to that extent. In other words, it is made clear that the restoration is only to facilitate filing of the compromise petition. The Writ Petition is allowed as above. (K.T.SANKARAN) Judge ahz/