IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 34289 of 2009(O) -------------------------- E.P.311/05 IN OS.901/1989 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): --------------- DR.GOPIRAJ, S/O.POLIYATH UNNIKRISHNAN, VILVATTAM VILLAGE, RAMAVARMAPURAM, THRISSUR. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): --------------- 1. SMT.RUGMINI, W/O.KOPATTIL BALAKRISHNAN, PUTHUKADU VILLAGE, MUKUNDAPURAM TALUK. 2. SMT.VALSALA, W/O.CHAMMANI BALACHANDRAN, BADHRANJALI, OLIKKARA DESHAM, PULLAZHI VILLAGE, THRISSUR. 3. SMT.LALITHA, W/O.PUZHAKADAVIL SURESH LAL KARALAM VILLAGE, MUKUNDAPURAM NOW RESIDING AT SREESAKTHI, MONACHERY GARDENS, MANNUTHI, THRISSUR. 4. SRI.VISWANATHAN, S/O.POLIYATH UNNIKRISHNAN, VILVATTAM VILLAGE, RAMAVARMAPURAM, THRISSUR, NOW RESIDING AT PALLIYIL HOUSE, MUTTUCHIRA, PADIYAM, THRISSUR. 5. SMT.RADHA, W/O.CHAVARATTIL KUMARAN, NEELIKUNNU DESHAM, OLLUKARA VILLAGE, THRISSUR. 6. SMT.SHANTHA, W/O.PARAMEL KESHAVAN, PUTHOORKARA DESHAM, AYYANTHOLE VILLAGE, THRISSUR. ADV. SRI.SARVOTHAMAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.34289 OF 2009 (O) ----------------------------------- Dated this the 2nd day of December, 2009 J U D G M E N T Petitioner is the 2nd judgment debtor in E.P.No.311 of 2005 in O.S.No.901 of 1989 on the file of the Sub Court, Thrissur. The 1st respondent/decree holder has also entered appearance. It is reported that, in execution, delivery ordered by the execution court as per Ext.P9 order has been effected. In view of the delivery effected, the learned counsel seeks permission to withdraw the writ petition without prejudice to his right to agitate his claim in appropriate proceedings. It is further submitted that his right to move a review petition against Ext.P10 order before the court below may also be reserved. Reserving the right of the petitioner to take appropriate proceedings, if so provided, as envisaged by law, writ petition is closed. S.S.SATHEESACHANDRAN JUDGE prp