IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 32240 of 2008(K) -------------------------------- OS.255/2007 of PRL.M.C.KOZHIKODE-I .................... PETITIONER(S): ----------------- SANTHA.M.P, AGED 82 YEARS, W/O.LATE EDAVALATH ANANTHAN, SANTHA VILAS, JILLATHODI, THEVAR VEED ROAD, KULATHINKUNNU AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): ------------------- E.V. JYOTHIKUMARI, AGED 57 YEARS, W/O. KAVISSERI SIVADASAN, JYOTHIS, NO. 590, 15A CROSS, BUVANESWARI NAGARAM, HAF BANGALORE - 560 024. ADV. SRI.V.V.SURENDRAN FOR R1 SRI.P.A.HARISH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS:- EXT.P1:- TRUE COPY OF THE PLAINT IN O.S.255/07 ON THE FILE OF THE PRL.MUNSIFF COURT, KOZHIKODE. EXT.P2:- TRUE COPY OF THE ORDER DT.20/06/07 OF THE COURT BELOW. EXT.P3:- TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN THE SUIT. EXT.P4:- TRUE COPY OF THE COMMISSION REPORT AND PLAN EXT.P5:- TRUE COPY OF THE COMMISSION REPORT DT.10/12/07 ALONG WITH PLAN. EXT.P6:- TRUE COPY OF THE COUNTER FILED BY THE RESPONDENT IN I.A.550/08. EXT.P7:- TRUE COPY OF THE ORDER DT.19/08/08 IN I.A. NO.550/08 IN O.S.255/07 OF THE PRINCIPAL MUNSIFF-1, KOZHIKODE. EXT.P8:- TRUE COPY OF THE ORDER DT.19/08/08 IN I.A.3872/07 IN O.S.255/07 OF THE PRINCIPAL MUNSIFF-1, KOZHIKODE. EXT.P9:- TRUE COPY OF THE I.A.3241/08 FILED BY THE PETITIONER. EXT.P10:- TRUE COPY OF THE I.A.3872/07 FILED BY THE RESPONDENT. EXT.P11:- TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN THE ABOVE I.A. ******* PIUS C. KURIAKOSE, J. --------------------------------------------------------------- W. P. C. No.32240 of 2008 --------------------------------------------------------------- Dated this the 27th day of January, 2010 JUDGMENT Mr.Sudhissh R, the learned counsel for the petitioner seeks permission to withdraw this Writ Petition on the reason that all the disputes between the parties have been already settled and a formal compromise petition is filed before the court below. According to him, because of the pendency of the Writ Petition, it is not possible for the learned Munsiff to record the compromise and to dispose of the suit. The Writ Petition is accordingly, dismissed as withdrawn. The learned Munsiff is directed to record the compromise, if the compromise is lawful and dispose of the suit accordingly. PIUS C. KURIAKOSE JUDGE kns/-