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2021 Supreme(Online)(KER) 28766

HIGH COURT OF KERALA
WEST ISLE CASTLE APARTMENT OWNERS ASSOCIATION – Appellant
Versus
LALY JOSEPH – Respondent


Advocates:
S.V. RAJAN, SANIL JOSE, S. HEMANTH, SANTHOSH R. SANTHOSH (VARKALA), A.N. PREMLAL, SRI. K. MONI, SC

JUDGMENT

This judgment shall be read in continuation to the order dated

20.10.2021.

2. In tune with the submissions made on 20.10.2021, an affidavit has been filed before this Court by the 1st respondent. Paragraphs 2 to 5 are extracted below for convenience:

“2. It is most respectfully submitted that I do hereby tender my unconditional apology before this Hon’ble Court in respect of the disobedience of the order dated 13.04.2018 passed by this Hon’ble Court in Co.Appl.No.180 of 2018 in C.P.No.44 of 2011.

3. I deeply regret for the errors from my part. I do hereby withdraw my affidavit dated 13.10.2021. I may be kindly permitted to withdraw my affidavit dated 13.10.2021 filed in this case.

4. Further, I do hereby undertake that I will not commit any breach of any of the orders of this Hon’ble Court in future and that I shall take utmost caution in complying with the orders and directions of this Hon’ble Court, in its letter and spirit.

5. Therefore, it is most humbly prayed that this Hon’ble Court may be pleased to permit me to withdraw my affidavit dated 13.10.2021 and kindly accept my unconditional apology and pardon my mistakes, in the interest of justice.”

3. I take note of the fact th

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