IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No.37613 of 2007 (C) ---------------------------------- OS.314/2007 of II ADDL.M.C., KOZHIKODE. .................... PETITIONER: --------------- P.A.SHABEER, S/O.P.P.ABOOBACKER, JANATHA SUGAR CANE JUICE SHOP, KASABA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH RESPONDENTS: ------------------ 1. KARAKKUNNIL MADHAVI, D/O.IMBACHAN, RESIDING AT NELLIKODE AMSOM DESOM, KOZHIKODE TALUK 2. M.T.RADHAKRISHNAN, S/O.K.SANKARAN NAIR, RESIDING AT NELLIKODE AMSOM DESOM, KOZHIKODE TALUK 3. M.SOMAN, S/O.APPU, RESIDING AT NELLIKODE AMSOM DESOM, KOZHIKODE TALUK. ADV. SRI.G.UNNIKRISHNON SRI.K.SANEESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.37613 of 2007 ------------------------------------------------ Dated this the 3rd day of December, 2008 JUDGMENT Counsel for the petitioner submits that there is a C.M. Appeal filed by the respondents as C.M.A.93/07 and another C.M.A filed by the petitioner himself as C.M.A.96/07 and that in view of the pendency of those C.M. Appeals, it was premature on the part of the petitioner in having moved commission application which has resulted in the impugned order and that therefore, without prejudice to the petitioner advancing his contentions in the C.M. Appeals pending before the District Court, this Writ Petition be allowed to be withdrawn. Leave granted as prayed for. In the result, I dismiss this Writ Petition recalling the judgment delivered on 01/12/08. K.P.BALACHANDRAN, JUDGE kns/-