IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 1025 of 2010(O)
1. MOIDU @ NANI, S/O. KUNHIPPA, KARAKULAVAN
... Petitioner
Vs
1. MUHAMMED @ BAPU, S/O. KUNHAYAMMU,
... Respondent
2. ABOOBAKKAR, S/O.MUHAMMED @ BAPU,
3. HAMZA, S/O.MUHAMMED @ BAPU, KOTTOPADAM,
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :21/01/2011
O R D E R
K.T.SANKARAN, J.
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O.P.(C). NO. 1025 OF 2010 O
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Dated this the 21st day of January, 2011
JUDGMENT
Learned counsel for the petitioner submitted that the suit filed
by the petitioner was dismissed for default. The Original Petition is
filed challenging an order dismissing an application to remit the
Commissioner’s report. It is also submitted that an application for
restoration of the suit is pending.
2. Since the suit was dismissed for default, I am of the view
that this Original Petition can be closed with liberty to the petitioner to
file a memo to revive the Original Petition, in case the suit is restored
to file.
Accordingly, the Original Petition is closed. If the suit is
restored, the petitioner would be entitled to file a memo in this
Original Petition, in which case, the Original Petition will revive and it
will be posted for admission.
(K.T.SANKARAN)
Judge
ahz/