High Court Kerala High Court

Sebastian vs Asha Govindaraj on 18 May, 2010

Kerala High Court
Sebastian vs Asha Govindaraj on 18 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15108 of 2010(O)


1. SEBASTIAN, S/O.MANI, KADAMBANAMVILAYIL
                      ...  Petitioner
2. ROSILY, W/O.SEBASTIAN,KADAMBANAMVILAYIL

                        Vs



1. ASHA GOVINDARAJ, D/O.GOVINDARAJ
                       ...       Respondent

2. JAYALAKSHMI, D/O.GOVINDARAJ H.NO.9/861

                For Petitioner  :SRI.P.T.JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :18/05/2010

 O R D E R
                   THOMAS P JOSEPH, J.

                  ----------------------------------------

                      W.P.C.No.15108 of 2010

                  ---------------------------------------

                 Dated this 18th day of May, 2010

                            JUDGMENT

Learned counsel for petitioner submits that notwithstanding

the contentions urged in this writ petition against the condition

imposed by the learned Sub Judge, Kochi while ordering setting

aside the ex parte decree, petitioners moved an application in the

court of learned Sub Judge for extension of time for deposit of the

amount and hence, petitioner only seeks an extension of time for

deposit in this petition. That is a request which the petitioner can

make in the court concerned, if circumstances warranted that.

2. At this stage learned counsel for petitioner sought

permission to withdraw the writ petition without prejudice to the

right of petitioners to make such a request before the learned Sub

Judge. Having regard to the circumstances stated, permission is

granted and writ petition is dismissed as withdrawn without

prejudice to the right of petitioner to seek extension of time before

the learned Sub Judge if circumstances warranted such a course.

The petition is dismissed as withdrawn as above.

(THOMAS P JOSEPH, JUDGE)
Sbna/-