IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 RFA.No. 853 of 2010(B) ------------------------------- (O.S.No.82/2001 of THE PRINCIPAL SUB COURT, THIRUVANANTHAPURAM) APPELLANTS (S): DEFENDANTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, IRRIGATION CERTAL CIRCLE, THRISSUR. BY GOVERNMENT PLEADER SRI.K.SANILKUMAR. RESPONDENT(S): PLAINTIFF: ------------------------------------------ R. MOHANDAS, S/O.K.N. RAGHAVAN, CONTRACTOR, HINDU, RESIDING AT SHANTHINIKETH, CHIRACKAL.P.O, KANNUR - 670 011. THIS REGULAR FIRST APPEAL HAVING COME UP FOR ORDERS ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- R.F.A.No.853 of 2010, C.M.Appln.No.2147 of 2010 & I.A.No.3001 of 2011 ----------------------------------------- Dated, this the 4th day of October, 2011 J U D G M E N T K.M.Joseph, J. I.A.No.3001 of 2011 is an application seeking to withdraw R.F.A No.853/2010 with liberty to proceed further with the proceedings for setting aside the exparte judgment and decree in O.S.No.82/2001 before the Sub Court, Thiruvananthapuram. According to the learned Government Pleader, appellants have filed application under Order 9 Rule 13 of Code of Civil Procedure to set aside the exparte decree and he seeks permission to withdraw the appeal so as to proceed further with the proceedings before the Sub Court. (It is pointed out that, in fact, the application for setting aside exparte decree has been rejected for default and application for restoration is pending). Learned Government Pleader orally submitted that the appellants may be permitted to withdraw C.M.Appln.No.2147/2010. Accordingly, we dismiss C.M.Appln.No.2147/2010 as withdrawn. We also dismiss R.F.A.No.853/2010 as withdrawn. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS