Johny Roy Lukose vs M/S Mannathoor Granites
2023 Latest Caselaw 2988 Ker

OP(C) NO. 632 OF 2023(FILING NO.)
                              1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
  MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                   OP(C) NO. 632 OF 2023(FILING NO.)
   AGAINST THE ORDER/JUDGMENT IN OS 361/2021 OF MUNSIFF
                          COURT,MUVATTUPUZHA
            CS 32/2022 OF MUNSIFF COURT,MUVATTUPUZHA
PETITIONER/S:

            JOHNY ROY LUKOSE
            AGED 63 YEARS
            S/O LUKOSE, RESIDING IN THE ADDRESS CHIRAYIL
            HOUSE, KANAKKARY P O, KOTTAYAM DISTRICT, PIN -
            686632

            BY ADV G.SREEKUMAR (CHELUR)



RESPONDENT/S:

    1       M/S MANNATHOOR GRANITES
            HAVING OFFICE AT NO. 3/215 KSGM ARCADE, SOUTH
            MARADY P O, MARADYKARA, MARADY VILLAGE,
            MUVATTUPUZHA , ERNAKULAM DISTRICT, REPRESENTED BY
            ITS MANAGING PARTNER, PIN - 686661

    2       PRASAD
            AGED 46 YEARS
            S/O KUNJUMON, RESIDING IN THE ADDRESS ORAPURAYIL
            HOUSE, DOOR NO. 10/123, MARADY GRAMA PANCHAYATH,
            SOUTH MARADYKARA, MARADY VILLAGE, MARADY P O,
            MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN -
            686673


     THIS     OP    (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
13.03.2023,     THE    COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 632 OF 2023(FILING NO.)
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                         ORDER

The learned Counsel appearing for the petitioner,

after arguing for some time, seeks leave to withdraw

the original petition without prejudice to the right of the

petitioner to file an original petition on the same cause

of action. Leave sought for is granted. The original

petition is dismissed as withdrawn with liberty to file a

fresh petition.

Sd/-

C.S.DIAS JUDGE rkc/13.03.23 OP(C) NO. 632 OF 2023(FILING NO.)

APPENDIX OF OP(C) 632/2023(Filing No.)

PETITIONER EXHIBITS

ExhibitP1 A TRUE COPY OF THE AGREEMENT EXECUTED DATED 11.10.2018.

ExhibitP2 A TRUE COPY OF THE PLAINT IN O S NO.

361 OF 2021 FILED ON THE FILE OF THE MUNSIFF COURT, MUVATTUPUZHA DATED 09.12.2021.

ExhibitP3 A TRUE COPY OF THE WRITTEN STATEMENT FILED IN O S NO. 361 OF 2021 ON THE FILE OF THE MUNSIFF COURT, MUVATTUPUZHA DATED 08.10.2022.

OF 2022 ON THE FILE OF THE COMMERCIAL COURT, MUVATTUPUZHA FILED ORIGINALLY BEFORE THE COMMERCIAL COURT, ERNAKULAM AS C S NO. 523 OF 2021 DATED 20.12.2021.

ExhibitP5 A TRUE COPY OF THE WRITTEN STATEMENT FILED IN COMMERCIAL SUIT NO. 32 OF 2022 PENDING ON THE FILES OF THE COMMERCIAL COURT, MUVATTUPUZHA ORIGINALLY FILED BEFORE THE COMMERCIAL COURT, ERNAKULAM AS C S NO. 523 OF 2021 DATED 05.04.2022.