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2026 Supreme(Online)(Ker) 1320

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
AKHIL.M – Appellant
Versus
PREMNADH KUMAR.S – Respondent
WA NO. 2938 OF 2025 | WP(C) NO.38191 OF 2018



Advocates:
For the Appellants/Petitioners: SRI.S.K.ADHITHYAN, SHRI.REUBEN CHARLY, SHRI.KRISHNA S. KARUNAKARAN, SMT.SHAHINA NOUSHAD
For the Respondents: -

The court permits withdrawal of Writ Appeal to file a Review Petition, highlighting the provision under the Limitation Act for timely submissions.

Headnote:The Court addressed the permission sought by the appellants to withdraw the Writ Appeal to file a Review Petition against an order. The Court granted permission subject to the laws of limitation and stipulated that a separate application under Section 5 of the Limitation Act could be filed. The Writ Appeal was dismissed as withdrawn. In essence, the Court facilitated the appellants’ right to seek further review while maintaining regulatory procedures regarding limitation.

JUDGMENT

SUSHRUT ARVIND DHARMADHIKARI , J

Learned counsel for the appellants seeks leave of this Court to withdraw this Writ Appeal with the liberty to file a Review Petition before the learned Single Judge against the order impugned. The permission to file the Review Petition is granted subject to the law of limitation, for which a separate application under Section 5 if the Limitation Act may also be filed. The aspect of delay shall be considered by the learned Single Judge before entertaining the Review Petition.

With the aforesaid liberty, this Writ Appeal stands dismissed as withdrawn.

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