The High Court permitted the petitioner to withdraw the civil revision petition without prejudice to the right to file a second appeal, dismissing the petition as withdrawn.
Permission granted to withdraw the civil revision petition without prejudice to the right to file a second appeal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932
CRP.No. 976 of 2007() --------------------AGAINST THE ORDER DATED 08/02/2007 IN IA.714/2005 IN AS.99/2005 of II ADDL. DISTRICT COURT, TRIVANDRUM
REVN. PETITIONER(S): PETITIONER-APPELLANT/IST DEFENDANT
M.RAJAGOPAL, S/O.C.NARAYANAN VAIDYAR, NARAYANA SADANAM, KANJIRAMPARA, THIRUVANANTHAPURAM - 695 030.
BY ADV. SRI.B.KRISHNA MANI
RESPONDENT(S): RESPONDENTS
ADV. SRI.U.K.RAMAKRISHNAN, SENIOR ADVOCATE FOR R1 SRI.E.K.MADHAVAN FOR R1 SRI.P.V.LOHITHAKSHAN FOR R1 SMT.P.VIJAYAMMA FOR R1
SRI.V.KRISHNA MENON FOR R1
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
C.R.P.No.976 of 2007 D
Dated this the 28th day of January, 2011
JUDGMENT
Learned counsel for the petitioner submitted that a Second Appeal is the proper remedy for the petitioner. It is submitted that the revision was filed in the light of the decision
of the Supreme Court stating that a revision could be maintained against the order dismissing the application for condonation of delay in filing the appeal. In view of the legal position available as of now, the counsel submits that a Second Appeal is proper. Therefore, the petitioner seeks permission to withdraw the revision without prejudice to his right to file a Second Appeal. Permission is granted. The Civil Revision Petition is dismissed as withdrawn with the aforesaid liberty. The certified copy of the order in I.A.No.714 of 2005 will be returned to the petitioner after substituting a photostat copy of the same in the file in C.R.P.
K.T.SANKARAN
JUDGE
csl
1 issue framed by the court
Whether the petitioner requires permission to withdraw the civil revision petition in favor of filing a second appeal.
M. Rajagopal
Hindustan News Prints Ltd.
M.C. George
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
