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2025 Supreme(Online)(Ker) 58901

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
MILDRIT FERNANDEZ – Appellant
Versus
S.B.T.MATTANCHERRY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.N.MANOJ, SRI.T.KRISHNANUNNI (SR.)
For the Respondents: SRI.S.SREEKUMAR (SR.), SRI.SAIJU S., SRI.K.N.SIVASANKARAN, SRI.S.VINOD BHAT, SMT.SHILPA SATHISH, SHRI.SUNIL SHANKER, SMT.SANDHYA RANI VALIYAKATH, SRI.P.MARTIN JOSE, SRI.S.VAIDYANATHAN, SRI.A.SUDHI VASUDEVAN (SR.), SHRI.JOSE JONES JOSEPH, SHRI.ADITH KIRAN R.S., SMT.D.LEEMA ROSY

Table of Content
1. appellant intends to withdraw due to a decreed suit. (Para 1)
2. respondent agrees to appellant's withdrawal but stresses no specific leave. (Para 2)
3. court confirms that legal remedies against the decree remain open. (Para 3)

JUDGMENT Devan Ramachandran, J.

Sri.T.N.Manoj – learned counsel for the appellant, argued this matter substantially; but when confronted with the fact that the Original Suit, namely OS No. 18/1989, has been decreed, requested that his client be allowed to withdraw this Appeal, to challenge the decree after obtaining the certified copy from this Court, since the records have been called here.

2. Sri.Sudhi Vasudevan, learned Senior Counsel, instructed by Smt.Shilpa Sathish, appearing for respondent No.1, submitted that, though his client does not stand in the way of this Appeal being allowed to be withdrawn, no specific leave be granted in favour of the appellant, since she can invoke any remedy that may be available to her in law.

3. We find some force in the afore submission of the learned Senior Counsel because, we are only concerned about the claim made by the appellant, under the provisions of Order XXI Rules 96 and 100 of the Code of Civi

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