IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 OP(C).No. 4046 of 2011(O) ------------------------------------- AGAINST THE ORDER DATED 04/11/2011 IN IA 658/2011&IA 659/2011 IN OS.5/2006 of SUB COURT,NEYYATTINKARA .................... PETITIONER/PETITIONER/DEFENDANT ------------------------------------------------------- JAYAKUMAR, AGED 32, S/O. MANIYAN, JAYA BHAVAN, KAVUMMOOLA VEEDU, MANNAMKONAM, CHEMBOOR DESOM, KEEZHAROOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.R.T.PRADEEP SRI.SREEKANTH S.NAIR RESPONDENT(S): COUNTER PETITIONER/PLAINTIFF --------------------------------------------------------------------------- PREETHA, AGED 31, D/O. SANUMATHI, THUNDUTHATTU PUTHUVAL VEEDU, CHEMBOOR DESOM, KEEZHAVOOR VILLAGE, NEYYATTINKARA TALUK, PIN-695 121. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.4046 of 2011 -------------------------------------- Dated this the 9th day of December, 2011. JUDGMENT This Original Petition is in challenge of Ext.P12, order whereby I.A.Nos.658 of 2011 and 659 of 2011 in O.S.No.5 of 2006 of the court of learned Sub Judge, Neyyattinkara were dismissed. The applications were to set aside the exparte decree and condone the delay. Learned Sub Judge dismissed the application to condone the delay and consequently the application to set aside the exparte decree also by a common order. 2. When the matter came up for hearing learned counsel for petitioner has requested permission to withdraw this Original Petition without prejudice to the right of petitioner to challenge order dismissing the application to set aside the exparte decree under Order XLIII, Rule 1(d) of the Code of Civil Procedure and in that appeal to challenge correctness of the order dismissing the application to condone the delay. Having heard learned counsel I am inclined to grant permission. 3. Without prejudice to the right of petitioner to avail the statutory remedy of appeal as provided under law, this Original Petition is dismissed as withdrawn. Registry shall return the original documents to the learned counsel for petitioner on request. THOMAS P.JOSEPH, Judge. cks