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2026 Supreme(Online)(Ker) 10754
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
BEENA N.S – Appellant
Versus
REPCO HOME FINANCE LIMITED – Respondent
WP(C) NO. 5172 OF 2026
For the Appellants/Petitioners: SRI.VIMAL VIJAY, SHRI.REBIN VINCENT GRALAN, SHRI.DINESH G WARRIER
For the Respondents: SRI. P. PAULOCHAN ANTONY, SC
Non-disclosure of a pending writ petition in a new affidavit can lead to dismissal without liberty to refile on the same cause of action.
Headnote:{'statute_analysis': '', 'facts_of_case': 'The petitioner initiated a writ petition indicating her legal concerns regarding a pending case (W.P.
(C) No. 36900/2025) and failed to disclose its pendency.', 'findings_of_court': 'The court acknowledged the non-disclosure of the pending writ petition in the affidavit and allowed the petitioner to withdraw the current writ petition.', 'issues': 'The main issue was whether the non-disclosure of a pending writ petition warranted dismissal.', 'ratio_decidendi': 'The court reasoned that undisclosed pending cases may impede justice and emphasized the importance of full disclosure in legal proceedings.', 'result': 'This writ petition is dismissed as withdrawn, without liberty to approach this Court again on the same cause of action.'}
JUDGMENT
(Dated this the 10th day of February, 2026)
The learned counsel for the respondent pointed out that W.P.(C) No. 36900/2025 filed by the very same petitioner is pending before this Court and that no orders have been passed therein. It was also submitted that the pendency of the said writ petition has not been disclosed in the affidavit filed in support of the present writ petition.
When this was brought to the notice of the petitioner, the learned counsel for the petitioner sought permission to withdraw the writ petition. Accordingly, this writ petition is dismissed as withdrawn, without liberty to approach this Court again on the same cause of action.
Sd/-
BASANT BALAJI, JUDGE
