High Court at Ernakulam allowed withdrawal of a Writ Petition by the petitioner without adjudication, leaving contentions to be pursued in pending Civil Miscellaneous Appeals.
Writ Petition allowed to be withdrawn. Pending C.M.A. appeals left to be disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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:
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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:
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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advancing his contentions in the C.M. Appeals pending before the District Court, this Writ Petition be allowed to be withdrawn.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/-
P.A.SHABEER
KARAKKUNNIL MADHAVI
M.T.RADHAKRISHNAN
M.SOMAN
K.P.BALACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
