IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 RFA.NO. 286 OF 2010() --------------------- {OS.51/2008 OF PRINCIPAL SUB COURT, KOCHI} .................... APPELLANT(S): IST DEFENDANT ------------------------------------ K.B. SALEEMA, W/O.APPUKUTTAN, AGED 39 YEARS, RESIDING AT SWASTHAM, MUNDAKKAL HOUSE, PALLURUTHY NORTH MURI, PALLURUTHY, COCHIN -6. BY ADV. SRI.T.MADHU SRI. SURAJ KRISHNA B.S RESPONDENT(S): PLAINTIFF AND 2ND DEFENDANT --------------------------------------------------------- 1. K.A. RASHEED, S/O.ABDU, AGED 48 YEARS, BUSINESS MAN, RESIDING AT CC 19/1170A, KUZHIKANDATHIL HOUSE, PALLURUTHY, COCHIN -6. 2. M.M.C.BANK, PALLURUTHY, COCHIN-6, REPRESENTED BY ITS SECRETARY. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- R.F.A.No.286 of 2010 --------------------------------------- Dated this the 19th day of May, 2010 JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. After arguing the matter for some time, learned counsel for the appellant sought leave to withdraw this appeal, without prejudice to the right of the appellant/1st defendant to seek review of the impugned decree and judgment in accordance with law. Leave as sought for is granted. Appeal is dismissed as withdrawn. We do not find any reason why the court below shall not consider the applicability of Section 14 of the Limitation Act to the extent it would apply, in the event of the appellant seeking review of the decree and judgment. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/ //true copy// P.S. to Judge.