IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 35882 of 2008(V) -------------------------------------------- EA.649/2008 IN OS.885/1960 of II ADDL.M.C., TRIVANDRUM .................... PETITIONERS: 1. SREEBALA, D/O.SARADAMMA, AGED 41, HOME MAKER, RESIDING AT ANU BHAVAN, BUILDING NO.VP I/627, PONNAMCHUNDU, VITHURA, NEDUMANGAD TALUK. 2. PRAMEELA, D/O.SARADAMMA, AGED 39, RESIDING AT ANU BHAVAN, BUILDING NO. VP I/627, PONNAMCHUNDU, VITHURA, NEDUMANGAD TALUK. 3. JAYACHANDRAN, S/O.SARADAMMA, AGED 38, RESIDING AT ANU BHAVAN, BUILDING NO.VP I/627, PONNAMCHUNDU, VITHURA, NEDUMANGAD TALUK. BY ADV. SRI.DENIZEN KOMATH SRI.DENIZEN KOMATH SRI.SHERRY J. THOMAS RESPONDENT: EDVIN PEREIRA, S/O.PEREIRA, T.C. 32/2713, KARALI LANE, CHACKAI, THIRUVANANTHAPURAM. ADV. SMT.DAISY A.PHILIPOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.35882 of 2008 V -------------------------- JUDGMENT Heard. Counsel for the petitioners submits that the claim advanced by the petitioners was in relation to a property out side the scheduled property and therefore, the question of lis pendens does not arise at all as contended by the respondent. But, however, he submits that recording the submission made by the respondent/decree holder that the decree was satisfied on 23.2.2007 the execution petition was closed on 11.8.2008 and that in the above circumstances, petitioners be permitted to withdraw this writ petition. Permission granted. In the result, I dismiss this writ petition. 9th January, 2009 (K.P.Balachandran, Judge) tkv