Nishi Anand vs The Sub Registrar
2021 Latest Caselaw 5470 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                      W.P.(C) No.28262 OF 2020(G)

PETITIONERS:

      1        NISHI ANAND,
               AGED 49 YEARS, D/O.BAHULEYAN,
               KAITHAVALAPPIL HOUSE,
               KAIPAMANGALAM P.O.,
               THRISSUR, PIN-680 681.

      2        NIVAS,
               AGED 45 YEARS, S/O.BAHULEYAN,
               KAROLIL HOUSE,
               KUZHUPILLY, CHERAI P.O.,
               ERNAKULAM, PIN-683 515.

               BY ADV. SRI.K.R.VINOD

RESPONDENT:

               THE SUB REGISTRAR,
               OFFICE OF THE SUB REGISTRAR,
               KUZHUPILLY, ERNAKULAM, PIN-683 515.

               SMT.A.C VIDHYA, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.28262 OF 2020(G)
                                 -2-


                              JUDGMENT

The petitioners have filed this writ petition under Article 226

of the Constitution of India, seeking a writ of mandamus

commanding the respondent Sub Registrar, Kuzhupilly to accept

the partition deed being executed by the petitioners in respect of

the property covered by Ext.P3, owned by the missing brother of

the petitioners, who was unheard about 14 years, upon the

presumption of 'civil death' and do necessary proceedings for the

registration of the same.

2. On 17.12.2020, when this writ petition came up for

admission, the learned Government Pleader was directed to get

instructions.

3. On 11.01.2021, when this writ petition was taken up

for consideration, the learned Government Pleader sought time to

get instructions and file a statement.

4. Today, when the case is taken up for consideration, the

learned counsel for the petitioners seeks permission to withdraw

this writ petition, since the petitioners propose to approach the

competent civil court, seeking appropriate declaration.

Recording the above submission made by the learned W.P.(C) No.28262 OF 2020(G)

counsel for the petitioners, this writ petition is dismissed as

withdrawn, without prejudice to the aforesaid right of the

petitioners.

Sd/-

ANIL K. NARENDRAN JUDGE bpr